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Veterans Disability Law

The law governing veterans disability is a vast area. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be more accommodating for veterans. We ensure that your application is correctly prepared and monitor the progress of your claim.

USERRA requires employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay, as well as training, and other employment terms, conditions and rights.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, help identify what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are important to provide reasons the reasons you don't agree with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

You are able to file your NOD within one year from the date you appealed against the unfavorable ruling. If you need more time to prepare your NOD, an extension may be granted.

Once the NOD has been submitted, you will be provided with an appointment date. Your attorney should be present to this hearing. The judge will go over the evidence and make a decision. A competent attorney will make sure that all the proper evidence is presented at 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 crippling physical or mental illness that was caused or aggravated by their military service might be eligible for disability benefits. They can receive monthly monetary compensation depending on their disability rating, which is a percentage that demonstrates 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 to file a claim, obtain necessary medical records and other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also help with appeals to any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disputes over the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required information to back each argument in the claim.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian employment or to adapt to the new job market if their disabilities make it difficult for them to pursue meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities do their duties. This could include changes to work duties or workplace adjustments.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps veterans Disability lawyer with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose among five paths to work. This includes reemployment with same employer; rapid access to employment, self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance if they require more time to complete the test or if it's acceptable to speak instead of write their answers. The ADA does not permit employers to inquire about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans disability lawyers may think about conducting training sessions for all of their employees to increase awareness and understanding of veteran issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To assist these veterans to find work, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN 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 on disability in hiring, promotions and benefits. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more major activities of daily life, such as hearing and breathing, walking, or seeing. Sitting, standing or working, learning, etc. The ADA excludes certain conditions that are common among veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations in order to perform their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This can include changing equipment, providing training, reassigning duties to other jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices, and Braille displays. If an employee has limited physical strength, employers must supply furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.