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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you get you the benefits you are entitled to.

Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is properly prepared and we track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions pay, training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be followed, and the law is always changing. An experienced lawyer can help you navigate the process, help identify what evidence should be submitted with your appeal, and develop a convincing argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to state clearly in your NOD on the reason you are dissatisfied with the decision. It is not necessary to list all the reasons you do not agree with the decision, but only those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you're appealing. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. Your attorney should be present to the hearing. The judge will review your evidence and make a decision. A good lawyer will make sure that all the necessary evidence is presented during your hearing. Included in this are medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical condition which is disabling and was triggered or worsened as a result of their military service, may be qualified for disability benefits. They can receive monthly monetary compensation based on their disability rating which is a percentage which indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans in filing a claim, obtain necessary medical records and other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation or disagreements over the effective date of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs with all the necessary details are filed in the event that the case is referred to an appeals court.

Our lawyers can help veterans with disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to begin an entirely new career if their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their duties. This could include changes in the job description or changes to the workplace.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and training program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and the possibility of employment through long-term service.

An employer can ask applicants whether they require any accommodations to participate in the hiring process, including longer time to complete a test or permission to give verbal instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans ought to consider holding training sessions for all employees to raise awareness and increase understanding of veteran-related issues. In addition, they can reach out to the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability lawyer suffering from disabilities related to their service experience difficult to get a job. To help them with their job search, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported by the Office of Disability Employment Policy, it provides a free phone number and an electronic information system that connects employers with disabled veterans who are looking for jobs.

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

Employers are required to provide accommodations for disabled veterans who need them in order to perform their job. This is true unless the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, offering training, and transferring responsibility to different positions or locations as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must 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 specifically designed for people with physical limitations.