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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will do our best to get you the benefits you are entitled to.

The VA claim process was designed to be easy to use by Congress. We make sure your application is well-prepared and follow your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred 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 disability attorney are denied disability benefits or are given an inadequate rating that should be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are important to provide reasons the reasons you don't agree with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

You may file your NOD within one year of the date that you appealed the unfavorable ruling. If you require more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed after which you will be assigned a time for your hearing. It is recommended that you bring your attorney to this hearing. The judge will go through all of your evidence before making a decision. A competent attorney will make sure that all the proper evidence is presented at your hearing. This includes any service records, medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused by or worsened by their military service could be qualified for disability benefits. These veterans may receive an amount of money per month according to the degree of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans to file an application, obtain the required medical records as well as other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date for rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the required details are filed if an appeals court is involved. an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian work, Veterans Disability or to adjust to a new career when their disabilities make it difficult for them to pursue meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

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 provide reasonable accommodations for veterans with disabilities perform their duties. This includes changes to job duties or workplace modifications.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, rapid access to employment, self-employment, and work through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example the need for more time to take a test or if it's acceptable to speak instead of write their answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. Additionally, they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult finding employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. Funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring promotions, benefits, or other terms and conditions of employment. It also limits the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting or working, learning and more. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them to do their job. This is not the case if the accommodation causes undue hardship to the contractor. This includes modifying the equipment, supplying training and Veterans disability reassigning responsibilities to other positions or locations as well as purchasing adaptive software or hardware. For example, if an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers, electronic visual aids and talking calculators, and Braille devices. If an employee has limited physical dexterity, a company must supply furniture with raised or lower surfaces or purchase adapted keyboards and mouses.