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Veterans Disability Law

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

Congress designed the VA claim procedure to be supportive of veterans. We make sure your application is properly prepared and we track your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees who have disabilities that are a result of 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 terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to, and the law is always changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit for your appeal, and assist to build a strong case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to explain your reasons for disagreeing with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

Your NOD can be submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed, you will be notified of a date for hearing. It is recommended that you bring your attorney to this hearing. The judge will review your evidence prior to making a decision. A competent attorney will make sure that all of the required evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a debilitating physical or mental illness that was caused or worsened by their military service may be eligible for disability benefits. They may be eligible for an annual monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing claims, obtain required medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals of VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date of the rating. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs filled with all necessary information are filed if a case is taken 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 education, training and job-related skills to prepare veterans for civilian work or to transition to a new career when their disabilities make it difficult for them to pursue meaningful employment. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their job. This includes changes in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a national job placement and business training program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to employment. The five options are reemployment at the same employer, speedy access to employment, self-employment, and employment through long-term military service.

Employers may ask applicants whether they require any accommodations to participate in the hiring process, including more time to sit for tests or permission to give verbal instead of written answers. The ADA does not allow employers to ask about disability unless it's evident.

Employers that are concerned about discriminatory practices against disabled veterans should consider holding training sessions for all employees to increase awareness and improve understanding of veteran concerns. They should also contact 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 get a job. To assist them with their job search, the Department of Labor supports a national job referral and information resource known as EARN. The program is supported by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans disability lawyers looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also restricts the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as the condition that significantly restricts one or more essential activities of daily life, such as hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and so on. The ADA excludes some conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to do their duties. This is true unless the accommodation would cause undue hardship for the contractor. This can include changing equipment, offering training, transferring the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. For instance in the event that an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, as well as Braille devices. If an employee has limited physical dexterity, a company must supply furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.