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Veterans Disability Law

The law governing veterans disability is a broad field. We help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is well-prepared and follow your case through the process.

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

Appeal

Many veterans are denied benefits or receive an unsatisfactory disability rating when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be followed and the law is constantly changing. A knowledgeable lawyer can help you navigate the process, help you determine the right evidence to be included in your appeal and develop a convincing argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe why you disagree with the decision. You don't have to list all the reasons you disagree with the decision, just the ones that are relevant.

The NOD must be submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with the date for your hearing. You should bring your attorney to this hearing. The judge will go through the evidence you have presented before making a decision. A good lawyer will make sure that all necessary evidence is exhibited during your hearing. Included in this are service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was aggravated or caused by their military service may qualify for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score, which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans disability lawsuit disability claim (Highly recommended Internet page) are able to receive all the benefits to which they are entitled. We help veterans to file a claim and obtain the necessary medical records and other documents as well as fill out the required forms, and monitor the VA’s progress.

We can also assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding a percentage evaluation or disputes over the effective date of a rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant details are filed in the event that the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian employment or veterans disability claim to be able to adjust to a different profession when their disabilities prevent them from finding work that is meaningful. It is also possible for disabled veterans disability litigation to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities perform their jobs. This includes modifications to work duties or workplace adjustments.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that assists veterans disability legal with disabilities find jobs and companies.

Veterans with disabilities who are leaving from the military can choose one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; fast access to employment; self-employment and work through long-term service.

Employers may ask applicants if they need any accommodations for the hiring process. For instance if they require more time to take the test or if they feel it's okay to talk instead of write their answers. The ADA doesn't allow employers to ask about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled veterans should think about organizing training sessions for all employees to raise awareness and increase understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans disability attorney seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prevents harassment and retaliation based on disability. The ADA defines disability as a condition which 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 hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to do work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This could include modifying the equipment, supplying training, and transferring responsibility to other positions or locations and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mouse that are specifically designed for people with restricted physical dexterity.