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Veterans Disability Law

Veterans disability Lawyers disability law is a vast area. We assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be a veteran-friendly one. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive low ratings that should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, assist you to identify what evidence should be included in your appeal, and develop a convincing argument for your case.

The VA appeals process begins with a Notice of Disagreement. It is crucial to make clear in your NOD of the reasons you disagree with the unfavorable decision. You don't have to list all the reasons you do not agree with the decision. Just the ones that are relevant.

The NOD can be filed within one year of the date of the unfavorable decision you want to appeal. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will receive a date for hearing. It is crucial that your attorney attend this hearing together with you. The judge will go over your evidence and make a decision. A good attorney will make sure that all the proper evidence is presented at your hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was triggered or aggravated by their military service could be qualified for disability benefits. Veterans may receive an annual monetary payment dependent on the severity of their disability rating.

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

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disputes over the date of effective rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that further SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian employment or learn to adapt to a new job when their disabilities prevent them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their duties. This includes changes in work duties or workplace changes.

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

Veterans with disabilities who are leaving from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, quick 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 finish an exam or if it's acceptable to speak instead of writing their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers that are concerned about possible discriminatory practices against disabled veterans should consider holding training sessions for all employees to increase awareness and better understand veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consultation service that offers customized workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find employment. To assist these veterans, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also restricts the information employers are able to request regarding a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability as the condition that significantly restricts one or more major activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans disability lawyer who require them to do their job. This is true unless the accommodation causes undue hardship for the contractor. This includes altering the equipment, providing training and shifting responsibilities to different positions or locations as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mice that are specially designed for those with restricted physical dexterity.