Veterans Disability Law

The law governing veterans disability is a broad field. We work to help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must provide reasonable accommodations for employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions and pay and also in training, as well as other employment terms, conditions, and privileges.

Appeal

Many veterans are denied benefits, or receive an unsatisfactory disability rating when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence you should submitted with your appeal, and help you build a strong argument for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it's important to explain the reasons you don't 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 decision. If you require additional time to prepare your NOD, an extension can be granted.

After the NOD is submitted, you will be provided with the date for your hearing. It is important to have your attorney attend this hearing along with you. The judge will scrutinize all of your evidence before making a decision. A good attorney will make sure that all of the required evidence is presented at your hearing. This includes all service records, private medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical condition which is disabling and was caused or worsened as a result of their military service, could be eligible for disability benefits. They may be eligible for a monthly monetary payment based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We help veterans to file an application and get the required medical records, other documents as well as fill out the required forms, and keep track of the VA’s progress.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements about the percentage evaluation or disagreements over the effective date of rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are filed with all the required information needed to support each argument in an appeal.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector or to begin changing careers when their disabilities hinder their ability 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their duties. This could include changes in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans who are interested in a job. This is a nationwide program for job placement and training that helps connect disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five paths to gain 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 employment through long-term military service.

Employers can inquire whether they require any modifications to participate in the hiring process, for example, longer time to complete an exam or the ability to provide oral rather than written answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for all of their staff in order to increase awareness and understanding of veteran issues. In addition they can contact the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To help them in obtaining employment, the Department of Labor funds EARN an online resource that provides job referrals and information. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans disability law firms seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can ask about a person's health history and prevents harassment and reprisals in response to disability. The ADA defines disability as a condition which significantly restricts one or more major life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This includes modifying the equipment, offering training and transferring responsibilities to different locations or positions as well as purchasing adaptive software or hardware. For instance the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. If an individual has limited physical strength, the employer must provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.