Veterans Disability Law

Veterans disability law is a broad field. We work to 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 properly prepared and track the progress of your case.

USERRA stipulates that employers must offer 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 when hiring promotions, pay, training and other conditions, terms and benefits of employment.

Appeals

Many veterans disability law firms are denied benefits or receive an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine what evidence you must submit with your appeal and help you prepare a convincing argument.

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

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

Once the NOD is filed after which you will be assigned a time for your hearing. It is crucial to have your attorney attend this hearing with you. The judge will look over your evidence and make a final decision. An experienced attorney will ensure that all the proper evidence is presented at the hearing. Included in this are any service medical records, private health records and C&P exams.

Disability Benefits

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

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans to file an application and obtain the necessary medical records as well as other documentation as well as fill out the required forms, and track the VA’s progress.

We can also assist with appeals of any VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation or disagreements over the effective date of rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are submitted with all the necessary information to support every argument in an appeal.

Our lawyers can assist veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans disability attorney for employment in the civilian sector or to transition to a new career when their disabilities make it difficult for them to pursue meaningful employment. 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 prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their duties. This includes modifications to job duties and workplace adjustments.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to a job. These include reemployment with the same employer; quick access to employment, self-employment and the possibility of employment through long-term services.

An employer may ask applicants whether they require any special accommodations to participate in the hiring process, such as more time to take an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers that are concerned about discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to raise awareness and increase understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to get a job. To assist these veterans get a job, the Department of Labor supports a national job resourcing and information resource called 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 who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also limits the information that employers can ask about a person's health history and prohibits harassment and revenge in response to disability. The ADA defines disability as a condition that significantly limits one or more major aspects of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning and more. The ADA excludes certain conditions that are common among veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers must make accommodations for disabled Veterans disability lawyers who need them to complete their duties. This is true unless the accommodation creates unnecessary hardship for the contractor. This includes altering the equipment, offering training and reassigning responsibilities to different positions or locations and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talk 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.