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Veterans Disability Law

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

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating, which isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help determine the right evidence to be included in your appeal and develop a convincing argument for your case.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it is important to describe your reasons for disagreeing with the decision. You don't need to list all the reasons you do not agree with the decision, Veterans disability Lawyer but only those that are relevant.

You are able to file your NOD within one year from the date that you appealed the unfavorable ruling. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD is submitted, you will be provided with the date for your hearing. Your attorney should be present to the hearing. The judge will scrutinize the evidence you have presented before making a final decision. A good attorney will make sure that all evidence is presented at the hearing. Included in this are any medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was aggravated or caused through their military service could qualify for disability benefits. These Veterans Disability lawyer could receive an amount of money per month dependent on the degree of their disability.

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

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or a dispute over the date of rating that is effective. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are filled out with all of the required information to support every argument in the claim.

Our lawyers can assist veterans suffering from disabilities that are related to their service to apply for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian employment or to adapt to a new profession in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities may also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their duties. This includes changes in job duties or workplace adjustments.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training which assists veterans with disabilities to jobs and businesses.

veterans disability lawyer with disabilities who are leaving from the military can follow one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants if they require any modifications for the selection process. For example the need for more time to take an exam or if it is okay to speak instead of write their answers. The ADA doesn't allow employers to ask about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled veterans must consider conducting training sessions for all employees to raise awareness and enhance understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to get a job. To aid these veterans, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. It also limits the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly hinders one or more major life activities, such as hearing, sight, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain ailments that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their duties. This is true unless the accommodation causes undue hardship to the contractor. This includes altering the equipment, offering training and reassigning responsibilities to other positions or places and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Veterans Disability lawyer Braille displays. If an employee has limited physical strength, employers must supply furniture with lowered or raised surfaces or purchase adapted keyboards and mouses.

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