As of August 2019, 27 percent of veterans had a service-connected disability. In the years leading up to this, the rate of veterans living with disabilities has only grown. After 9/11, veterans had a 43 percent chance of having a service-connected disability. While there are several kinds of disability claims available to today’s veterans, they continue to face additional barriers to life after the military. For those that have left the service and are looking to move forward, knowing your rights as a veteran with a disability can be very helpful. Whether it is knowing the law around supporting veterans with disabilities or what is termed ‘reasonable adjustments’ in the workplace, here is a quick rundown of your rights as a veteran living with a disability.
Are You Protected As A Veteran With A Disability In The Workplace?
In short, yes. There are several federal laws in place to protect veterans that are either seeking employment or already in the workplace. Three of the most important ones are The Americans with Disabilities Act, the Uniformed Services Employment and Reemployment Rights Act,and Section 504 of the Rehabilitation Act of 1973. While these laws are not ‘preference’ laws for veterans applying for employment, it does aim to ensure that veterans with disabilities are given fair consideration by employers. For instance, The Americans With Disabilities Act stipulates that employees (including veterans) with disabilities are entitled to reasonable accommodation when it comes to applying for and performing their jobs.
What Is The Role of The Uniformed Services Employment and Reemployment Rights Act?
Another federal law that plays a crucial role in protecting veterans with service-related disabilities is The Uniformed Services Employment and Reemployment Rights Act of 1994. This law applies specifically to those who leave their civilian careers to enroll in military service and then return to civilian employment. Therefore, this works to ensure re-employment rights for those returning to civilian life after serving in the military.
Does My Military Rating Impact My Coverage Under Federal Law?
Yes, in a few cases it can impact whether you are covered under The American Disabilities Act. The Department of Veteran Affairs will assign you a disability ranking based on the severity of your service-related injury. This is then used to determine eligibility and access to several benefits including VA disability benefits and VA disability benefit rates. If you do believe you have been mis-rated by the Department of Veteran Affairs, seeking advice from a military law attorney can help you understand the rating process better.
