Veterans Disability Law

The law governing veterans disability is a vast area. We work to assist you in obtaining the benefits to which you are entitled.

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

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated through military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans disability lawyers are denied benefits or get a low disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be followed, and the law is ever-changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.

The VA appeals procedure begins with a Notice of Disagreement. It is important to make clear in your NOD about why you are not happy with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable ruling. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be notified of an appointment for hearing. It is recommended that you bring your attorney to this hearing. The judge will look over your evidence and make a decision. A good attorney will ensure that all of the required evidence is presented at your hearing. This includes all service records, private medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a chronic physical or mental condition that was caused or aggravated through their military service could qualify for disability benefits. They may be eligible for an annual monetary payment dependent on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file a claim and obtain the medical records they require along with other documents to complete the necessary forms, and track the progress of the VA.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs filled with all necessary details are filed in the event that a case is taken to an appeals court.

Our lawyers can assist veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian employment or to adapt to changing careers when their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities could 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their job. This could include changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. 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 veterans with disabilities to select between five different paths to employment. The five options include reemployment with the same employer, speedy access to employment, self-employment and work through long-term services.

An employer may ask applicants for any special accommodations to participate in the hiring process, for example, extra time to take tests or to give verbal instead of written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers that are concerned about discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and improve understanding of veterans' issues. In addition they can reach out to the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability attorneys with disabilities related to their service have difficult to find employment. To assist them to find work, the Department of Labor supports a national job-related referral and information resource called EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking employment.

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 restricts the information employers can request regarding a person's medical history and prohibits harassment and revenge in response to disability. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, such as hearing and breathing, walking, or seeing. Standing, sitting at a desk, working, studying and so on. The ADA excludes certain conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must accommodate it unless it causes undue hardship on the contractor's business. This could include modifying the equipment, offering training and reassigning responsibilities to other positions or places in addition to acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If a person is unable to exercise physical dexterity, an employer must supply furniture that has raised or lowered surfaces, or purchase adapted mouses and keyboards.