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Veterans Disability Law

Veterans disability law covers a variety of issues. We will assist you in obtaining the benefits to which you are entitled.

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

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions, pay, training and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, guide you determine what evidence you should submitted with your appeal, and develop a convincing argument for your case.

The VA appeals procedure begins with a Notice of Disagreement. It is essential to be clear in your NOD about why you are dissatisfied with the decision. You don't have to list every reason you disagree, but only those that are pertinent.

You may file your NOD within one year from the date you appealed the unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a date and time for your hearing. You should bring your attorney to the hearing. The judge will scrutinize your evidence prior to making a final decision. A good lawyer will ensure that all the necessary evidence is presented at your hearing. Included in this are medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was triggered or worsened as a result of their military service may be qualified for disability benefits. Veterans may receive monthly monetary payments depending on the severity of their disability.

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

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements on the percentage evaluation, or disagreements regarding the effective date for rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that the additional SOCs are filed with all the required information to back every argument in an appeal.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides training, education and job skills to veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their duties. This could include changes in the job description or changes to the workplace.

Veterans with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a national employment and business training program that assists disabled veterans find jobs and companies.

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

An employer may ask applicants if they require any accommodations in the selection process, like more time to take tests or to provide oral rather than written answers. The ADA does not allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled wagoner veterans disability lawyer may want to consider having training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service experience difficult 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 referrals to jobs. It is funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. It also restricts the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, including hearing and walking, breathing, seeing. Standing, sitting, working, learning and more. The ADA excludes certain conditions that are common to veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes modifying equipment, providing training, transferring the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces or purchase adapted mouses and keyboards.