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Veterans Disability Law

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

Congress created the VA claim process to be more accommodating for veterans. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well as training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or receive a low disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, help determine what evidence you should included in your appeal, and create a compelling case for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it's important to describe why you are not happy with the decision. You don't have to list every reason you disagree, but only those that are pertinent.

The NOD can be filed within one year of the date of the unfavorable decision that you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will be notified of an appointment date. It is essential that your attorney attend this hearing along with you. The judge will look over all evidence presented before making a final decision. A competent lawyer will ensure that all the required evidence is presented during your hearing. This includes all service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans suffering from a crippling mental or physical condition that was caused or worsened by their military service may qualify for disability benefits. These veterans may receive an amount of money per month dependent on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file an application and obtain the medical records they require, other documents and fill out the required forms, and keep track of the VA’s progress.

We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disagreements over the date of effective rating. If a case is sent to an appeals hearing, our company will ensure that the first 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 the claim.

Our lawyers can help veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to begin the new job market if their disabilities hinder their ability to pursue meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans Disability lawyers - cse.google.com.ag - who have disabilities, which includes those that may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their duties. This includes changes to work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nationwide job placement and business training program that assists disabled veterans find work and companies.

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

An employer may ask applicants whether they require any modifications to participate in the selection process, like extra time to take tests or permission to provide verbal answers instead of written answers. But the ADA does not permit employers to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans should think about conducting training sessions for all employees to raise awareness and increase understanding of veteran concerns. In addition, they can reach out to the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and veterans disability lawyers technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To help them with their job search, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. It also restricts the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as conditions that severely limit one or more major activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain ailments that are common in veterans disability lawsuit, including the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, offering training, and transferring responsibility to different locations or positions and acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. If a person has limited physical dexterity, an employer must provide furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.