Veterans Disability Law

Veterans disability law is a vast area. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is completed and tracked your case through the process.

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

Appeals

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, assist you to identify what evidence should be included in your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is essential to make clear in your NOD of the reasons you do not agree with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

You can file your NOD within one year from when you appealed an unfavorable ruling. You may 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 the hearing. The judge will examine the evidence and make a final determination. A competent lawyer will ensure that all the required evidence is presented during your hearing. This includes all service records, medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was aggravated or caused by their military service might qualify for disability benefits. They can receive a monthly monetary payment depending on their disability rating which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing claims, get the necessary medical records and other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage, or disputes about the date at which a rating 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 properly prepared, and that any additional SOCs are submitted with all the necessary information to support every argument in the claim.

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or adapt to a new profession when their disabilities prevent them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their duties. This includes modifications to job duties and workplace adjustments.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and business education program that assists veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five pathways to 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 the possibility of employment through long-term service.

An employer may ask applicants if they require any accommodations to participate in the selection process, like extra time to take a test or permission to provide verbal answers instead of written answers. However, the ADA does not allow an employer to ask about a person's disability status in the absence of evidence.

Employers who are concerned about possible discrimination against disabled veterans disability attorneys should consider having training sessions available to all employees to raise awareness and improve understanding of veteran concerns. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult to find work. To assist these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled Veterans disability lawyers who are seeking work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that hinders one or more major life activities including hearing, seeing breathing, walking, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes modifying equipment, providing training, transferring duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person is unable to exercise physical dexterity, a company must supply furniture with raised or lower surfaces or purchase adapted keyboards and mouses.