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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you ensure you receive the benefits you are entitled to.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given 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 can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, help you determine the right evidence to be included in your appeal and develop a convincing argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is important to state clearly in your NOD as to why you are dissatisfied with the decision. It is not necessary to list all the reasons you disagree with the decision, just the ones that are relevant.

You can file your NoD within one year of the date you appealed against the unfavorable ruling. If you need more time to prepare your NOD, an extension may be granted.

Once the NOD has been submitted, you will be provided with an appointment for hearing. It is crucial to have your attorney attend the hearing with you. The judge will look over your evidence and make a decision. A competent attorney will make sure that all the proper evidence is presented at the hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a disabling physical or mental condition that was aggravated or caused by their military service may qualify for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans Disability lawyers to file claims and collect the required medical records, other documents as well as fill out the required forms, and monitor the VA’s progress.

We can also assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date for a rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed if the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to adapt to changing careers when their disabilities make it difficult for them to find work that is meaningful. 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 towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their job. This includes modifications in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a national program for job placement and training that helps disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different paths to work. This includes reemployment with the same employer, rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers can ask applicants whether they require any accommodations during the selection process. For instance, if they need more time to take an exam or if it is okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may think about organizing 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 advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to find work. To assist them with their job search, the Department of Labor supports a national job referral and information resource called EARN. It is funded by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans disability lawsuit looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. It also limits the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly restricts one or more of the major life activities such as hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require them in order to perform their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This can include altering the equipment, supplying training and shifting responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers should provide furniture with raised or lower surfaces or buy keyboards and mice that have been specifically designed for people with physical limitations.