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Veterans Disability Law

Veterans disability law is a broad field. We are here to help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is essential to be clear in your NOD of the reasons you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision, just the ones that are relevant.

You can file your NoD within one year of the date you appealed against the unfavorable decision. If you need more time to prepare your NOD, an extension could be granted.

After the NOD has been filed, you will be notified of an appointment for hearing. It is crucial to have your attorney present at the hearing along with you. The judge will go through all of your evidence before making a final decision. A good lawyer will make sure that all necessary evidence is exhibited during your hearing. Included in this are medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans Disability Lawyer suffering from a disabling physical or mental condition which was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive an annual monetary payment dependent on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans to file claims and collect the medical records they require as well as other documentation, fill out required forms, and keep track of the VA’s progress.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for an evaluation. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are submitted with all the necessary details to support each argument in a claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work or to adapt to an entirely new career if their disabilities prevent them from being able to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their job. This includes modifications in job duties or workplace adjustments.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans disability attorney to choose between five different paths to gain employment. The five options are reemployment at the same employer, rapid access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants if they need any accommodations for the hiring process. For instance the need for more time to finish an exam or if it is okay to speak instead of write their answers. The ADA doesn't allow employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may want to consider conducting training sessions for their entire employees to increase awareness and understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find employment. To help these veterans to find work, the Department of Labor supports a national job search and information resource known as EARN. It is funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. The ADA also limits the information employers are able to request about a person's medical history and prevents harassment and reprisals in response to disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, including hearing and seeing, walking, breathing. Standing, sitting or working, learning, etc. The ADA excludes certain conditions that are common among veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to do their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes altering the equipment, supplying training and transferring responsibilities to different positions or locations as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer should provide furniture with lowered or raised surfaces, or purchase adapted keyboards and mouses.