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veterans disability law firms Disability Law

Veterans disability law covers a wide range of issues. We will work to ensure you receive the benefits you are entitled to.

The VA claim process was developed to be easy to use by Congress. We make sure your application is completed and tracked your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay as well as in training, as well as other terms, conditions of employment, and rights.

Appeals

Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and laws are constantly changing. A skilled lawyer can help you navigate the process, assist you to determine what evidence should be included in your appeal, and help you build a strong argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is crucial to state the reasons you don't agree with the decision. You don't have to include all the reasons why you are not happy with the decision, only those that are relevant.

The NOD must be filed within one year of the date of the unfavorable decision that you are appealing. If you need more time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be notified of the date for your hearing. Your attorney should be present to the hearing. The judge will review the evidence and make a final determination. A competent lawyer will ensure that all the required evidence is presented at your hearing. Included in this are service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was caused or worsened by their military service, could be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score, which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We assist veterans to file an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements on the percentage evaluation or disagreements regarding the effective date of an evaluation. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary details are filed if a case is taken to an appeals court.

Our lawyers can assist veterans disability lawsuits suffering from disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian work or adapt to a new profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This includes changes to work duties or workplace changes.

Disabled veterans looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that helps disabled veterans find work and businesses.

Veterans with disabilities who are separated from the military can follow one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, speedy access to employment, self-employment and employment through long-term military service.

Employers may ask applicants if they require any accommodations during the hiring process. For example if they require longer time to complete an exam or if it is okay to speak instead of writing their answers. However, the ADA does not permit an employer to ask about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for their entire staff to increase awareness and understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find work. To assist these veterans with their job search, the Department of Labor funds EARN, a national resource for job referrals and information. The program is supported 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 seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information that employers can request regarding a person's medical history and prevents harassment and reprisals due to disability. The ADA defines disability as an illness that severely limits one or more essential activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing, working, learning and learning, etc. The ADA excludes certain ailments that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to complete their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This can include changing equipment, offering training, transferring the duties to different locations or positions, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person is unable to exercise physical dexterity, a company must supply furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.