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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will do our best to ensure you receive the benefits you deserve.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is well-prepared and follow your case through the process.

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied disability benefits or receive a low rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify what evidence you must submit with your appeal and help you create a compelling argument.

The VA appeals procedure begins with a Notification of Disagreement. It is crucial to make clear in your NOD of the reasons you are dissatisfied with the decision. You do not have to list every reason that you disagree, but only those that are pertinent.

The NOD must be filed within one year of the date of the unfavorable decision that you are appealing. If you need more time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be notified of a date for hearing. It is essential that your attorney attend the hearing with you. The judge will scrutinize the evidence you have presented before making a decision. A good lawyer will ensure that all necessary evidence is presented during your hearing. This includes any service records, private medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was triggered or aggravated by their military service could be eligible for disability benefits. These veterans may receive an annual monetary payment according to the degree of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We help veterans to file an application and get the necessary medical records as well as other documentation, fill out required forms, and monitor the VA’s progress.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or a dispute over the date at which a rating is effective. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the relevant details are filed in the event that a case is taken to an appeals court.

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

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their jobs. This includes adjustments in job duties or workplace adjustments.

Disabled veterans who are interested in employment 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 helps disabled veterans disability lawsuit find jobs and businesses.

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

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For example, if they need more time to complete the test or if they feel it's okay to speak instead of writing their answers. But the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might think about having training sessions for all of their staff 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 on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To assist these veterans to find work, the Department of Labor funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans Disability lawyers (Https://monroyhives.biz) looking for employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. The ADA also restricts the information employers are able to request regarding a person's medical history and prevents harassment or discrimination based on disability. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting or working, learning and more. The ADA excludes certain conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must provide it, unless it creates a hardship on the contractor's business. This includes altering equipment, providing training, transferring duties to other jobs or facilities, as well as buying adaptive hardware or software. For instance when an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, and Braille devices. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mouse that are specifically designed for people with limited physical dexterity.