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Veterans Disability Law

The law governing veterans disability is a broad area. We will help you ensure you receive the benefits you deserve.

The VA claim process was developed to be easy to use by Congress. We make sure your application is thoroughly prepared and track your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well as training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given low ratings that ought to be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced 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 prepare a convincing argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's crucial to state your reasons for disagreeing with the decision. You don't have to list every reason you disagree, but only those that are relevant.

You can file your NOD within one year of the date you appealed against the unfavorable ruling. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date for your hearing. It is crucial that your attorney attend the hearing along with you. The judge will scrutinize your evidence prior to making a decision. An experienced attorney will ensure that all evidence is presented at the hearing. Included in this are any service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a crippling mental or physical condition that was caused or aggravated through their military service may qualify for disability benefits. These veterans may receive monthly monetary payments based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We help veterans to file an application and get the required medical records along with other documents, fill out required forms, and monitor the progress of the VA.

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date of an evaluation. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filled out with all of the required details to support each argument in an appeal.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector, or to adjust to the new job market if their disabilities preclude their ability to pursue 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 who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities do their duties. This includes changes in job duties or workplace modifications.

veterans disability attorneys with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to gain employment. The five options include reemployment at the same employer, rapid access to employment, self-employment, and work through long-term services.

An employer can ask applicants to provide any modifications to participate in the hiring process, including longer time to complete a test or permission to provide oral rather than written answers. However, the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers that are concerned about possible discriminatory practices against disabled veterans disability attorneys must consider holding training sessions for all employees to raise awareness and better understand veteran issues. In addition, they can reach out to the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to obtain employment. To aid these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy which provides a free telephone service 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 benefits. The ADA also restricts the information employers can request about a person's medical background and also prohibits harassment and retaliation because of disability. The ADA defines disability as an illness that severely limits one or more major activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting at a desk, working, studying and more. The ADA excludes certain conditions that are common for veterans disability Law Firms, like post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to complete their job. This is true unless the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, offering training, transferring duties to other jobs or facilities, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical strength, the employer must provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.