Veterans Disability Law

veterans disability attorneys disability lawyer (information from Maxtremer) disability law covers a wide variety of issues. We will help you get the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and follow your case through the process.

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

Appeal

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. 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 specific rules and procedures to be adhered to and the law is constantly changing. A skilled lawyer can guide you through the process, help you determine what evidence you should included in your appeal and create a compelling case for your claim.

The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, it is crucial to state your reasons for disagreeing with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

You can file your NOD within one year of the date that you appealed the unfavorable ruling. If you require longer time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will be given a date for hearing. It is crucial to have your attorney attend this hearing together with you. The judge will go through all of your evidence before making a final decision. A competent lawyer will ensure that all the required evidence is exhibited during your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was aggravated or caused through their military service could qualify for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans to file an application, obtain the 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 decisions, including denials of benefits, disagreements over an evaluation percentage or disputes about the date of effective of an evaluation. If a case is scheduled for an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are submitted with all the necessary information to support every argument in the claim.

Our lawyers can help veterans with disabilities resulting from their service in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment, or to adjust to an entirely new career if their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their duties. This includes adjustments to job duties and changes to the workplace.

Veterans with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that assists veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to a job. The five options include reemployment with the same employer, rapid access to employment, self-employment and the possibility of employment through long-term service.

Employers can ask applicants whether they require any modifications for the hiring process. For example that they require longer time to complete the test or if it's acceptable to speak instead of writing their answers. However, the ADA does not allow an employer to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might think about organizing training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To help them in obtaining employment, the Department of Labor funds EARN, a national resource for information and job vacancies. Funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition which significantly hinders one or more important life activities, such as hearing, sight, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain ailments that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

Employers must offer accommodations to disabled veterans who need them to do their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This could include modifying equipment, offering training, delegating the duties to different jobs or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical dexterity, an employer must supply furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.