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Veterans Disability Law

Veterans disability law covers a variety of issues. We work to 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 you can track the progress of your case.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions, pay, training and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to, and the law is constantly changing. A knowledgeable lawyer can guide you through the process, help you determine the right evidence to be submitted with your appeal, and create a compelling case for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is crucial to state why you disagree with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

The NoD is filed within one year of the date of the unfavorable decision you're appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be given the date for your hearing. Your attorney should be present to the hearing. The judge will go over your evidence and make a decision. A competent attorney will make sure that all the proper evidence is presented at your hearing. Included in this are any service records, health records that are private and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was caused by or aggravated by their military service, could be qualified for disability benefits. These veterans may receive an annual monetary payment depending on the severity of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We help veterans to file claims and collect the required medical records, other documents, fill out required forms, and monitor the VA’s progress.

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

Our lawyers can assist veterans suffering from disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment, or to adjust to changing careers when their disabilities make it difficult for them to find work that is meaningful. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans disability lawsuits who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities do their duties. This could include changes to work duties or workplace adjustments.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps disabled veterans find jobs and companies.

Veterans with disabilities who are separating from the military could follow one of five pathways 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 care.

An employer may ask applicants to provide any accommodations in the hiring process, for example, more time to take an exam or the ability to provide verbal answers instead of written answers. The ADA does not permit employers to inquire about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans may think about organizing training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. Additionally, they can reach out to the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To help these veterans Disability lawyer in obtaining employment, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy provides this free phone and veterans Disability lawyer electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information employers may ask about a person's health history and prevents harassment or revenge due to disability. The ADA defines disability as a condition that substantially limits one or more important life activities, such as hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must accommodate it unless it creates a hardship on the contractor's business. This includes altering equipment, providing training, reassigning duties to other locations or positions, and purchasing adaptive software or hardware. For example in the event that an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If an individual has limited physical dexterity, an employer must provide furniture with raised or lower surfaces or purchase specially designed keyboards and mice.