• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Law

The law governing veterans disability is a broad area. We will do our best to help you get the benefits you deserve.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities acquired during military service or that are aggravated by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay and training, as well as other terms, conditions of employment and rights.

Appeal

Many veterans are denied benefits, or receive an unsatisfactory disability rating when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, guide you identify what evidence should be included in your appeal and create a compelling case for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to provide reasons the reasons you don't agree with the decision. You don't have to list all the reasons you do not agree with the decision, only those that are relevant.

Your NOD can be filed within one year from the date of the adverse decision you want to appeal. If you require longer time to prepare your NOD, a request for an extension could be granted.

After the NOD is filed, you will be notified of a date for hearing. It is important to have your attorney be present together with you. The judge will go over your evidence and make a final determination. A good attorney will ensure that all the evidence needed is presented during your hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused or worsened due to their military service, could be eligible for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file an application and obtain the required medical records as well as other documentation and fill out the required forms, and track the progress of the VA.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disputes over the date of rating that is effective. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed in the event that an appeals court is involved. an appeals court.

Our lawyers can also assist veterans disability law firms with disabilities resulting from service to apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

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 that employers offer reasonable accommodations for disabled veterans to do their duties. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans who are interested in a job. This is a nation-wide job placement and training program that helps disabled veterans to jobs and businesses.

veterans disability lawyers with disabilities who are separated from the military can follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, speedy access to employment, self-employment, and employment through long-term military service.

Employers can ask applicants whether they require any modifications for the selection process. For example if they require more time to take the test or if it's okay to talk instead of write their answers. But the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may think about organizing training sessions for all of their employees to increase awareness and understanding of veteran-related issues. 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 related to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help these veterans get a job, the Department of Labor supports a national job resourcing and information resource called EARN. Funded by the Office of Disability Employment Policy, it provides a free phone number and an electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also restricts the information that employers can request regarding a person's medical background and also prohibits harassment and reprisals due to disability. The ADA defines disability as a condition that substantially restricts one or more essential life activities, such as hearing, sight, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans disability attorneys, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires an accommodation to perform work, the employer must offer it unless it creates a hardship on the contractor's business. This could include modifying the equipment, supplying training, and transferring responsibility to different locations or positions as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mice that are adapted for people who have limited physical dexterity.