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Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We make sure your application is well-prepared and follow your case through the process.

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

Appeals

Many Veterans Disability Lawyer are denied disability benefits or are given low ratings that isn't adequate. A lawyer for veterans disability lawyer veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, help you determine what evidence you should included in your appeal, Veterans Disability Lawyer and develop a convincing argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD on the reason you are not happy with the decision. You don't have to list every reason you disagree, but only those that are relevant.

You may file your NOD within one year from the date you appealed against the unfavorable decision. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will be notified of a date for hearing. You must bring your attorney to this hearing. The judge will scrutinize the evidence you have presented before making a decision. A good lawyer will make sure that all the required evidence is exhibited during your hearing. Included in this are any service medical records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a debilitating physical or mental condition that was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive an annual monetary payment dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file a claim and obtain the required medical records as well as other documentation as well as fill out the required forms, and monitor the VA’s progress.

We can also help with appeals to any VA decisions. This includes denials of VA benefits, disagreements about the evaluation of a percentage or a dispute over the date at which a rating is effective. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that additional SOCs are prepared with all the necessary information to support every argument in an appeal.

Our lawyers can assist veterans with disabilities related to their military service when 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 hinder their ability 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 with disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their job. This includes adjustments in job duties or workplace adjustments.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps veterans disability attorney with disabilities find jobs and companies.

Veterans with disabilities who have been removed from the military can choose one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; quick access to employment; self-employment; and work through long-term service.

Employers may ask applicants whether they require any accommodations in the selection process, like extra time to take tests or to provide oral rather than written answers. However, the ADA does not permit an employer to inquire about a person's disability status in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. In addition they can contact the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to find employment. To help these veterans to find work, the Department of Labor supports a national job-related referral and information resource known as EARN. Funded by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information that employers can request about a person's medical history and prevents harassment or reprisals because of disability. The ADA defines disability as a condition that substantially restricts one or more major life activities, such as hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA does not cover certain conditions that are common for veterans, like post-traumatic stress disorder and tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them in order to perform their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This includes modifying equipment, providing training, shifting the duties to different positions or facilities, and purchasing adaptive software or hardware. For instance the case of an employee who is blind or visually impaired the employer has to purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical strength, the employer must provide furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.