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Veterans Disability Law

Veterans disability law covers a wide range of issues. We are here to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and follow your case through the process.

USERRA requires employers to make reasonable accommodations available to employees with disabilities that are incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, help you identify what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is essential to be clear in your NOD of the reasons you are dissatisfied with the decision. You do not have to list every reason that you disagree, but only those that are pertinent.

The NoD is filed within a year of the date of the unfavorable decision you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. Your attorney should be present to this hearing. The judge will review your evidence prior to making a decision. A good attorney will make sure that all the proper evidence is presented at the hearing. This includes all service records, medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental illness that was aggravated or caused through their military service may be eligible for disability benefits. veterans disability lawyers (http://ivimall.com/1068523725/bbs/board.php?Bo_table=Free&wr_id=5245484) may receive a monthly monetary payment dependent on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans in filing claims and collect the necessary medical records as well as other documentation, fill out required forms, and track the progress of the VA.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for an evaluation. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs filled with all necessary details are filed in the event that the case is referred to an appeals court.

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program provides training, education and job skills to veterans to help them prepare for civilian employment or learn to adapt to a new job in the event that their disabilities hinder 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 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 for veterans with disabilities perform their duties. This includes changes in the job description or changes to the workplace.

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 job placement and business training program that helps disabled veterans find jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, rapid access to employment, self-employment and employment through long-term military service.

An employer may ask applicants to provide any modifications to participate in the hiring process, including more time to take a test or permission to give verbal instead of written answers. However, the ADA does not permit an employer to ask about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult finding employment. To aid these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

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

Employers must make accommodations for disabled veterans disability lawsuit who require accommodations in order to perform their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This includes altering equipment, offering training, delegating the duties to different 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, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mice that have been specifically designed for people with physical limitations.