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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will work to help you get the benefits you deserve.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is well-prepared and we track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions, pay, training and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer can help you navigate 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 the filing of a Notice of Disagreement (NOD). In your NOD, it is crucial to state your reasons for disagreeing with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

You are able to file your NOD within one year of when you appealed an unfavorable ruling. If you require longer time to prepare your NOD, an extension could be granted.

After the NOD is filed, you will be given the date for your hearing. You should bring your attorney to the hearing. The judge will review the evidence and make a final decision. A good attorney will make sure that all evidence is presented during your hearing. This includes all service records, private medical records, and any C&P exams.

Disability Benefits

veterans disability lawyer (http://moden126.mireene.com) who suffer from a disabling physical or mental illness that was aggravated or caused through their military service could be eligible for disability benefits. These veterans may receive a monthly monetary payment based on their disability rating which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We help veterans file a claim, obtain necessary medical records and other documents, complete required forms and track the progress of the VA on their behalf.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements on a percentage evaluation or disputes about the date of effective of a rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required details to support each argument in a claim.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work or to begin a new career when their disabilities make it difficult for them to find work that is meaningful. 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their jobs. This could include 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 nationwide employment and business training program that assists veterans with disabilities find jobs and businesses.

Veterans with disabilities who are leaving from the military can choose one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; quick access to employment; self-employment; and the possibility of employment through long-term services.

Employers may ask applicants if they need any accommodations for the hiring process. For example, if they need longer time to complete the test or if it is okay to speak instead of write their answers. However, the ADA does not permit employers to inquire about a person's disability status unless it is evident.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider holding training sessions for all employees to raise awareness and enhance understanding of veteran-related issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability lawyers suffering from disabilities related to their military experience have difficult finding employment. To help these veterans, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly hinders one or more important life activities, including hearing, seeing, walking, breathing, standing, sitting, learning and working. The ADA excludes some conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs accommodations to complete work, an employer must offer it unless it will impose unreasonable hardship on the contractor's business. This includes altering equipment, providing training, shifting duties to other positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. If an employee has limited physical strength, employers must supply furniture with raised or lowered surfaces, or purchase specially designed keyboards and mice.