Veterans Disability Law

Veterans disability law covers a wide range of issues. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and you can track the progress of your claim.

USERRA stipulates that employers must 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 the basis of disability in hiring promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A qualified veteran benefits lawyer can assist you in filing 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 changes constantly. A knowledgeable lawyer will guide you through the appeals process, advise you on the type of evidence you need to present with your appeal and help to build a strong case.

The VA appeals process begins with a Notice to Disagreement. It is important to be clear in your NOD as to why you are not happy with the decision. You don't have to list every reason why you disagree with, but only those that are pertinent.

The NOD can be submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD is filed, you will be given an appointment for hearing. You must bring your attorney to this hearing. The judge will look over your evidence prior to making a decision. A competent lawyer will make sure that all the required evidence is exhibited during your hearing. Included in this are any service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a crippling physical or mental disorder that was aggravated or caused through their military service may be eligible for disability benefits. These veterans could receive an amount of money per month according to the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We help veterans file claims, get the necessary medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements on a percentage evaluation or disputes over the date of rating that is effective. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are prepared with all the necessary information to support every argument in the claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans to prepare them for civilian jobs or to adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their job. This could include changes to job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. It is a nationwide training and job placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment and employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example if they require more time to take the test or if it is okay to speak instead of write their answers. But the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers that are concerned about possible discrimination against disabled veterans should consider conducting training sessions for all employees to raise awareness and improve understanding of veteran-related issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance regarding 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 in obtaining employment, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers can request regarding a person's medical background and also prohibits harassment and discrimination based on disability. The ADA defines disability as a condition that significantly restricts one or more of the major life activities, including hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes some conditions that are common in veterans disability lawsuit, including tinnitus and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their job. This is not the case if the accommodations would create unnecessary hardship to the contractor. This could include modifying the equipment, supplying training, and transferring responsibility to different positions or locations and acquiring adaptive hardware or software. For example in the event that an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. If a person has limited physical strength, employers must provide furniture that has raised or lowered surfaces or purchase adapted mouses and keyboards.