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Veterans Disability Law

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

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

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

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, guide you determine what evidence should be included in your appeal, and develop a convincing argument for your claim.

The VA appeals process begins with a Notice of Disagreement. It is important to make clear in your NOD on the reason you do not agree with the decision. You do not have to list every reason you disagree, but only those that are relevant.

The NOD can be submitted within one year of the date of the adverse decision you're appealing. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be given a date for your hearing. You should bring your attorney to this hearing. The judge will look over the evidence and make a final determination. A competent attorney will make sure that all the evidence needed is presented at your hearing. Included in this are any medical records, service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was caused or worsened by their military service may be eligible for disability benefits. Veterans may receive a monthly monetary payment based on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records and other documents, complete necessary forms and monitor the progress of their VA claim on their behalf.

We can also assist with appeals of any VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date of an evaluation. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that further SOCs are filled out with all of the required information to support every argument in the claim.

Our lawyers can help veterans with disabilities that are related to their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that help veterans prepare for civilian employment or to transition to a new career when their disabilities make it difficult for them to find work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans disability law firms to perform their duties. This includes changes to job duties and workplace adjustments.

Disabled veterans 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 assists disabled veterans disability lawsuit find jobs and businesses.

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

Employers can inquire to provide any accommodations to participate in the hiring process, such as more time to sit for a test or permission to provide oral rather than written answers. The ADA doesn't allow employers to inquire about the existence of a disability, unless it is obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to increase awareness and increase understanding of veteran concerns. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult finding employment. To aid these veterans with their job search, the Department of Labor funds EARN, a national resource for information and job vacancies. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions benefits, or other terms and conditions of employment. It also restricts the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as an illness that severely limits one or more of the major activities of daily life, such as hearing and breathing, walking, or seeing. Standing, sitting at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, including post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This can include changing equipment, offering training, delegating the duties to different locations or positions, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that are specifically designed for people with limited physical dexterity.