Veterans Disability Law

The law governing Veterans Disability Lawyers disability is a broad field. We will help you ensure you receive the benefits you deserve.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and follow your case through the process.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions, pay, training and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, 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 procedure is complex with specific rules and procedures to be adhered to, and the law is ever-changing. An experienced lawyer can help you navigate the process, help determine the right evidence to be included in your appeal, and help you build a strong argument for your claim.

The VA appeals procedure begins with a Notice of Disagreement. It is essential to state clearly in your NOD as to why you are not happy with the decision. You do not have to list every reason that you disagree with, but only those that are pertinent.

The NOD can be submitted within one year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, an extension could be granted.

After the NOD is submitted, you will be provided with an appointment date. Your attorney should be present to this hearing. The judge will review all evidence presented before making a final decision. A good lawyer will make sure that all the necessary evidence is presented during your hearing. Included in this are any service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and is the result of or aggravated by their military service could be eligible for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating, which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing a claim and obtain the required medical records along with other documents, fill out required forms, and keep track of the VA’s progress.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements on the percentage evaluation, or disagreements about the date of effective of rating. If a case will be subject to an appeals hearing, our firm 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 needed to support every argument in the claim.

Our lawyers can assist veterans suffering from disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to adapt to a new career when their disabilities prevent them from being able to find a job that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their job. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a national program for job placement and business education program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different routes to employment. The five options are reemployment at the same company, fast access to employment, self-employment and employment through long-term service.

An employer may ask applicants if they require any accommodations in the hiring process, including longer time to complete tests or to give oral instead of written answers. However, the ADA does not allow employers to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for all of their staff to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find employment. To assist them, the Department of Labor supports a national job-related referral and information resource known as EARN. It is funded by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain ailments that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must provide it unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, offering training and reassigning responsibilities to different positions or locations as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer should provide furniture with raised or lower surfaces or purchase adapted keyboards and mouses.