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Veterans Disability Law

veterans disability attorneys disability law covers a wide variety of issues. We will do our best to ensure you receive the benefits you are entitled to.

Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given low ratings that should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit for your appeal, and Veterans Disability assist you create a compelling argument.

The VA appeals process begins with a Notice to Disagreement. It is essential to state clearly in your NOD about why you are not happy with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

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

After the NOD has been filed after which you will be given a date for your hearing. It is important to have your attorney attend this hearing with you. The judge will review the evidence you have presented before making a decision. A competent lawyer will make sure that all of the necessary evidence is provided during your hearing. This includes any service records, medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and was caused or worsened by their military service, may be qualified for disability benefits. These veterans may receive monthly monetary payments based on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing claims and collect the necessary medical records and other documents and fill out the required forms, and keep track of the VA’s progress.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disputes over the date of rating that is effective. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary information are filed if the case is brought to an appeals court.

Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment, or to adjust to a new career when their disabilities make it difficult for them to find a job that is meaningful. Veterans with disabilities could 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 who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their duties. This includes modifications in job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a nationwide training and job placement program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; quick access to employment, self-employment and the possibility of employment through long-term services.

An employer may ask applicants if they require any special accommodations to participate in the hiring process, for example, more time to take tests or to give verbal instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless it is evident.

Employers who are concerned about discriminatory practices against disabled veterans should think about organizing training sessions for all employees to increase awareness and enhance understanding of veteran concerns. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult finding employment. To assist these veterans with their job search, the Department of Labor funds EARN an online resource that provides information and veterans disability referrals to jobs. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more essential activities of daily life, such as hearing and walking, breathing, seeing. Standing, sitting or working, learning, etc. The ADA does not cover certain conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is not the case if the accommodation would cause undue hardship to the contractor. This can include altering the equipment, offering training and reassigning responsibilities to different locations or positions as well as purchasing adaptive software or hardware. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers electronic visual aids, Braille calculators and talking devices. If a person has limited physical dexterity, an employer must provide furniture with raised or lower surfaces or purchase adapted mouses and keyboards.