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Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is completed and tracked your case through the process.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred during military service, or aggravated by military service. Title I of ADA prohibits discrimination based on disability in promotions, hiring, and pay and also in training, and other employment terms, conditions, and privileges.

Appeal

Many veterans are denied benefits or have low disability ratings when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability lawyers (highwave.kr) Claims. The process is complicated, with specific rules and procedures to be adhered to, and the law is always changing. An experienced lawyer can guide you through the process, assist you to determine what evidence you should included in your appeal, and build a strong case for your claim.

The VA appeals process begins with a Notification of Disagreement. It is crucial to make clear in your NOD of the reasons you do not agree with the decision. You don't have to include all the reasons you do not agree with the decision, but only those that are relevant.

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

After the NOD is submitted, you will be provided with an appointment date. Your attorney should be present to the hearing. The judge will go over the evidence and make a final decision. A good attorney will make sure that all the proper evidence is presented at the hearing. This includes all service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused or aggravated by their military service, may be eligible for disability benefits. They can receive a monthly monetary payment according to their disability rating which is a percentage that demonstrates the severity of their illness.

Our New York disability lawyers work to ensure that veterans disability law firm receive all benefits they're entitled to. We assist veterans to file an application and get the medical records they require along with other documents as well as fill out the required forms, and track the VA’s progress.

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date for a rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are prepared with all the necessary information needed to support every argument in an appeal.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans disability lawsuits to prepare them for civilian employment or to learn to adapt to a new job when their disabilities prevent them from finding meaningful work. Veterans with disabilities may 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This could include changes to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nationwide training and job placement program that helps disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose among five paths to a job. The five options include reemployment at the same employer, speedy access to employment, self-employment and work through long-term services.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For example that they require longer time to complete an exam or if it's okay to talk instead of writing their answers. But the ADA does not allow an employer to inquire about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. Additionally they can contact the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist them with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. It also restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more essential life activities, like hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who need them to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This could include modifying the equipment, providing training and reassigning responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must offer furniture with raised or lower surfaces or purchase keyboards and mice specifically designed for people with restricted physical dexterity.