Veterans Disability Law

The law governing veterans disability is a broad field. We will work to ensure you receive the benefits you are entitled to.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is correctly prepared and monitor the progress of your case.

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

Appeals

Many veterans are denied disability benefits or are given a low rating that ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with numerous rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine the evidence you need to submit in your appeal, and help you build a strong claim.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it is important to explain the reasons you don't agree with the decision. You don't need to list all the reasons you disagree with the decision. Just those that are relevant.

The NOD can be submitted within one year of the date of the adverse decision you want to appeal. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be given a date for your hearing. It is crucial to have your attorney be present along with you. The judge will scrutinize all evidence presented before making a decision. A good attorney will make sure that all of the required evidence is presented at the hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans who suffer from a disabling physical or mental condition that was caused or worsened by their military service might be eligible for disability benefits. Veterans may receive an amount of money per month according to the severity of their disability rating.

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

We can also assist in appeals of any VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date for rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed when the case is brought to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to adapt to a new career 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 against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities perform their duties. This includes changes in work duties or workplace changes.

Disabled veterans disability law firms who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans find jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment, self-employment and the possibility of employment through long-term services.

Employers may ask applicants whether they require any accommodations to participate in the hiring process, for example, extra time to take tests or permission to give oral instead of written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for their entire employees to increase awareness and understanding of veteran-related issues. In addition, they can contact the Job Accommodation Network, a free consulting service that provides individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to get a job. To assist these veterans, 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 to connect employers to disabled veterans seeking work.

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

If a disabled veteran needs an accommodation to perform the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This could include modifying equipment, offering training, delegating tasks to other locations or positions, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mouse that are specially designed for those with limited physical dexterity.