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Veterans Disability Law

Veterans disability law covers a variety of issues. We will fight to ensure you receive the benefits you have earned.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in promotions, hiring, and pay as well as in training, and other employment terms, conditions, and rights.

Appeal

Many veterans are denied benefits or get low disability ratings when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, guide you determine what evidence should be submitted with your appeal, and develop a convincing argument for your claim.

The VA appeals process begins with a Notice to Disagreement. It is essential to make clear in your NOD as to why you do not agree with the decision. You don't need to list all the reasons you disagree with the decision, only the ones that are relevant.

The NoD is filed within one year from the date of the unfavorable decision that you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will receive an appointment for hearing. It is crucial to have your attorney attend the hearing along with you. The judge will review the evidence and make a final decision. An experienced attorney will ensure that all of the required evidence is presented at your hearing. Included in this are service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused by or worsened by their military service, may be eligible for disability benefits. These veterans may receive monthly monetary payments depending on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans in filing an application and obtain the necessary medical records, other documents and fill out the required forms, and keep track of the VA’s progress.

We also can assist with appeals to any VA decisions, such as denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date for an evaluation. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are filled out with all of the required information to back every argument in a claim.

Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to transition to changing careers when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities perform their job. This could include changes to job duties and changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans disability law firms interested in finding work. This is a national program for job placement and training that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, speedy access to employment, self-employment, and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance the need for longer time to complete an exam or if it's acceptable to speak instead of writing their answers. But the ADA does not allow employers to inquire about a person's disability status unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans ought to consider holding training sessions for all employees to increase awareness and improve understanding of veteran-related issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find employment. To assist these veterans to find work, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can ask about a person's health background and also prohibits harassment and discrimination because of disability. The ADA defines disability as a condition that substantially hinders one or more essential life activities, including hearing, seeing breathing, walking, standing, sitting, learning and working. The ADA excludes certain ailments that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete work, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This could include modifying the equipment, supplying training, and transferring responsibility to different locations or positions as well as purchasing adaptive software or hardware. For example when an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. If a person is unable to exercise physical strength, the employer must provide furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.