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

Veterans Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated during military service. Title I of the ADA prohibits disability discrimination in promotions, hiring, and pay and also in training, and other employment terms, conditions and privileges.

Appeals

Many veterans are denied disability benefits or are given low ratings that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the evidence you need to submit in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to make clear in your NOD as to why you disagree with the unfavorable decision. You don't have to list all the reasons you do not agree with the decision, just those that are relevant.

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

Once the NOD is filed and you have been given a date for your hearing. It is important to have your attorney attend the hearing along with you. The judge will look over your evidence prior to making a final decision. A competent lawyer will ensure that all the required evidence is exhibited during your hearing. Included in this are medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder which was caused or aggravated through their military service could be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score which is a percentage which indicates the severity of their illness.

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

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disputes over the date of effective rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed if the case is brought to an appeals court.

Our lawyers can help veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian employment or be able to adjust to a different profession in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities may also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their job. This could include changes in job duties or modifications to work environments.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national employment and business training program that assists disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to a job. This includes reemployment with same employer, rapid access to employment; self-employment; and employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any modifications for the hiring process. For example if they require more time to complete a test or if it's okay to talk instead of writing their answers. However, the ADA does not permit employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about possible discriminatory practices against disabled veterans should consider holding training sessions for all employees to raise awareness and improve understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find employment. To help them to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled Veterans Disability Lawyers looking for 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 restricts the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, such as hearing and breathing, walking, and seeing. Standing, sitting and working, as well as learning, etc. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must provide it unless it causes undue hardship on the contractor's business. This can include altering the equipment, supplying training, and transferring responsibility to other positions or locations and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must offer furniture with higher or lower surfaces or buy keyboards and mice that are specifically designed for people with limited physical strength.