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Veterans Disability Law

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

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

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated through military service. Title I of ADA prohibits disability discrimination in promotions, hiring, and pay, as well as training, as well as other employment terms, conditions and rights.

Appeal

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, help you determine the right evidence to be included in your appeal and build a strong case for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is important to make clear in your NOD on the reason you disagree with the unfavorable decision. It is not necessary to list every reason you disagree with, but only those that are pertinent.

You may file your NOD within one year from when you appealed an unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed after which you will be assigned a time for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will go over your evidence and make a decision. A competent attorney will make sure that all of the required evidence is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was aggravated or caused by their military service might qualify for disability benefits. Veterans may receive an annual monetary payment dependent on the degree of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file an application and get the medical records they require and other documents to complete the necessary forms, and track the VA’s progress.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements on the percentage evaluation, or disagreements about the date of effective 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 properly, and that the additional SOCs are prepared with all the necessary information needed to support every argument in an appeal.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to help them prepare for civilian work or adapt to a new profession when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

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

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a nationwide job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separated from the military could follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; fast access to employment; self-employment and employment through long-term services.

Employers may ask applicants if they need any accommodations for the hiring process. For example that they require more time to complete the test or if they feel it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to ask about disability unless it's evident.

Employers who are concerned about discriminatory practices against disabled veterans should consider organizing training sessions for all employees to increase awareness and increase understanding of veteran-related issues. In addition, they can contact the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult finding employment. To help them, the Department of Labor supports a national job-related 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 seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily living, like hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation in order to complete work, an employer must offer it unless it creates a hardship on the contractor's business. This includes altering the equipment, offering training and transferring responsibilities to different locations or positions as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers should provide furniture with raised or lower surfaces, or purchase keyboards and mouse that are specially designed for those with physical limitations.