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Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay and also in training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to, and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit with your appeal and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD about why you disagree with the unfavorable decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

Your NOD can be submitted within one year of the date of the adverse decision that you are appealing. If you require longer time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed and you have been assigned a date for your hearing. It is important to have your attorney present at the hearing along with you. The judge will examine the evidence and then make a final decision. A good lawyer will ensure that all necessary evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was caused or aggravated through their military service may be eligible for disability benefits. They may be eligible for a monthly monetary payment depending on the degree of their disability.

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

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over the percentage evaluation, or disputes about the date at which a rating is effective. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that additional SOCs are submitted with all the necessary details to support each argument in the claim.

Our lawyers can assist veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to help them prepare for civilian employment or to learn to adapt to a new job when their disabilities keep them from working in a meaningful way. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their job. This includes modifications to job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nation-wide training and job placement program that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five routes 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 work through long-term service.

Employers can inquire whether they require any modifications to participate in the hiring process, for example, more time to sit for tests or 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. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To help these veterans disability lawyers to find work, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers may request about a person's medical history and prohibits harassment and revenge due to disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, like hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them in order to perform their job. This is the case unless the accommodation causes undue hardship to the contractor. This can include changing equipment, providing training, transferring tasks to other jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with higher or lower surfaces, or purchase keyboards and mouse that are made for those with limited physical dexterity.