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Veterans Disability Law

Veterans disability law covers a wide range of issues. We assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We make sure that your application is completed and tracked your case through the process.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities acquired during military service or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay as well as in training, and other employment terms, conditions and rights.

Appeals

Many veterans are denied benefits or have low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for veterans disability law firm Claims. The process is complicated, with specific rules and veterans Disability Lawyer procedures that must be followed and the law is ever-changing. An experienced lawyer will guide you through the appeals procedure, determine the type of evidence you need to present for your appeal, and assist you build a strong claim.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it's important to provide reasons the reasons you don't agree with the decision. You don't have to list every reason why you disagree with, but only those that are relevant.

The NOD must be filed within one year of the date of the unfavorable decision you are appealing. If you require longer time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. It is crucial to have your attorney be present together with you. The judge will scrutinize the evidence you have presented before making a final decision. A good lawyer will ensure that all necessary evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

veterans disability law firms suffering from a disabling physical or mental illness that was aggravated or caused by their military service might qualify for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating, which is a percentage which indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file an application and obtain the required medical records and other documents to complete the necessary forms, and track the progress of the VA.

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disagreements about the percentage of an evaluation, or disputes about the effective date of rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filled out with all of the required information to back every argument in a claim.

Our lawyers can assist veterans with disabilities resulting from their service in applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or to learn to adapt to a new job when their disabilities prevent them from finding 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, including those who may have been caused or aggravated through military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to complete their duties. This could include changes to job duties or workplace adjustments.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to work. These include reemployment with the same employer, rapid access to employment; self-employment; and employment through long-term services.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the selection process. For example if they require more time to finish an exam or if it's okay to speak instead of writing their answers. The ADA doesn't allow employers to inquire about disability unless it's evident.

Employers who are concerned about possible discriminatory practices against disabled veterans should think about holding training sessions for all employees to increase awareness and increase understanding of veteran concerns. Additionally, they can contact the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to get a job. To assist these veterans with their job search, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information employers are able to request about a person's medical history and prevents harassment and retaliation due to disability. The ADA defines disability as a condition that significantly limits one or more important life activities, like hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA does not cover certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans Disability lawyer who need them to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This can include changing equipment, providing training, delegating the duties to different positions or facilities, and acquiring adaptive hardware or software. For example when an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mice adapted for people who have limited physical strength.