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Veterans Disability Law

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

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is properly prepared and track the progress of your claim.

USERRA requires employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated in military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions, and pay, as well as training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or get an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can assist 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 changes constantly. An experienced lawyer can guide you through the process, help determine the right evidence to be included in your appeal and help you build a strong argument for your case.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it is important to describe why you are not happy with the decision. You don't have to list every reason that you disagree with, but only those that are relevant.

You can file your NoD within one year of the date that you appealed the unfavorable ruling. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment date. You must bring your attorney to this hearing. The judge will review the evidence you have presented before making a final decision. A competent lawyer will ensure that all the required evidence is presented at your hearing. This includes all service records, medical records and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was caused or worsened by their military service may be eligible for disability benefits. These veterans may receive monthly monetary payments dependent on the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans to file claims, get the necessary medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements on the percentage evaluation, or disagreements regarding the effective date of rating. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the required details are filed if the case is referred to an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian work or veterans disability lawyers adjust to a new career when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their duties. This includes adjustments to work duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a national employment and business training program that assists disabled veterans disability lawyer find work and companies.

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

Employers may ask applicants if they require any accommodations to participate in the hiring process, such as extra time to take tests or permission to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might consider conducting training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. Additionally they can contact the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans Disability lawyers with disabilities resulting from service are unable to find employment. To assist these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more essential activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA does not cover certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who require them in order to perform their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, offering training, delegating tasks to other jobs or facilities, and purchasing adaptive software or hardware. For instance the case of an employee who is blind or visually impaired the employer must purchase adaptive software and hardware for veterans disability lawyers computers as well as electronic visual aids, Braille calculators and talking devices. Employers must furnish furniture with raised or lower surfaces or purchase keyboards and mice that have been adapted for people who have limited physical strength.