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

Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and follow your case through the process.

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

Appeals

Many veterans are denied benefits, or receive low disability ratings when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be followed, and the law is constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the type of evidence you need to present in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement. It is crucial to be clear in your NOD as to why you do not agree with the decision. It is not necessary to list all the reasons you do not agree with the decision, but only the ones that are relevant.

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

After the NOD has been filed and you have been assigned a date for your hearing. It is crucial to have your attorney attend this hearing with you. The judge will look over the evidence and make a decision. A competent lawyer will make sure that all the required evidence is exhibited during your hearing. Included in this are medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and was caused or worsened as a result of their military service may be eligible for disability benefits. They may be eligible for monthly monetary payments depending on the degree of their disability.

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

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding a percentage evaluation or disputes regarding the effective date of rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed in the event that the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to prepare them for civilian work or adapt to a new 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities do their duties. This could include changes in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in finding work. It is a nationwide training and job placement program that assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different routes to gain employment. This includes reemployment with same employer; rapid access to employment; self-employment; and employment through long-term care.

An employer may ask applicants whether they require any accommodations to participate in the hiring process, such as more time to sit for an exam or the ability to provide verbal answers instead of written answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. They may 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 disabilities due to their military experience have difficult to find work. To help these veterans to find work, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers may request regarding a person's medical history and prevents harassment and discrimination due to disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to perform work, an employer must offer it unless it creates a hardship on the contractor's business. This includes altering equipment, offering training, reassigning duties to other jobs or facilities, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces or buy keyboards and mice adapted for people who have limited physical strength.