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Veterans Disability Law

Veterans disability law covers a variety of issues. We help you get the benefits to which you are entitled.

Congress designed the VA claim process to be more accommodating for veterans. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must provide reasonable accommodations for employees who have disabilities that are a result of military service, or aggravated by 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 benefits or get an inadequate disability rating, when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and assist you create a compelling argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to be clear in your NOD of the reasons you are not happy with the decision. It is not necessary to list every reason why you disagree with, but only those that are pertinent.

You may file your NOD within one year from the date you appealed the unfavorable decision. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD is submitted, you will be provided with an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will look over your evidence and then make a final decision. A competent lawyer will make sure that all the required evidence is provided during your hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and was triggered or worsened due to their military service, could be qualified for disability benefits. These veterans may receive a monthly monetary payment depending on their disability rating, which is a percentage that shows the severity of their illness.

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 assist veterans disability attorneys to file claims and collect the necessary medical records, other documents to complete the necessary forms, and keep track of the progress of the VA.

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

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian jobs or to learn to adapt to a new job when their disabilities keep 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities do their duties. This includes adjustments in job duties or changes to the workplace.

Veterans with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that assists veterans with disabilities find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans disability lawsuits to select among five paths to work. 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 can ask applicants whether they need any accommodations for the selection process. For example if they require more time to complete an exam or if it's okay to talk instead of writing their answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might be interested in organizing training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. In addition they can contact the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To assist them, the Department of Labor supports a national job-related referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans disability lawyers seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. It also restricts the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of conditions that severely limit one or more major activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common among veterans, like the post-traumatic disorder, veterans Disability Lawyers or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must provide it, unless it would impose undue hardship on the contractor's business. This includes modifying the equipment, providing training, and transferring responsibility to other positions or locations as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer must supply furniture with lowered or raised surfaces or purchase adapted keyboards and mouses.