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Veterans Disability Law

The law governing veterans disability is a vast area. We will work to make sure you receive the benefits that you are entitled to.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination against disabled people in promotions, hiring, and pay and also in training, and other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be followed, and the law is always changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you must submit for your appeal, and assist you build a strong claim.

The VA appeals procedure starts with a Notice of Disagreement. It is important to be clear in your NOD as to why you disagree with the unfavorable decision. You don't have to list every reason that you disagree with, but only those that are relevant.

You can file your NoD within one year from the date you appealed against the unfavorable ruling. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will receive an appointment for hearing. Your attorney should be present to the hearing. The judge will look over all of your evidence before making a decision. An experienced attorney will ensure that all of the required evidence is presented during your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans suffering from a disabling physical or mental condition that was aggravated or caused by their military service might be eligible for disability benefits. These Veterans disability Lawyers may receive an amount of money per month dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file claims, get the necessary medical records and other documents, complete necessary forms and keep track of the progress of the VA on their behalf.

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

Our lawyers can help veterans with disabilities related to their service to apply for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian work or adjust to a new career 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.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability attorneys with disabilities, which includes those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their jobs. This includes changes to job duties or workplace adjustments.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and training program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans disability lawyers to select from five different paths to gain employment. The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For instance the need for more time to complete a test or if it's okay to talk instead of write their answers. However, the ADA does not permit an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and enhance understanding of veteran issues. In addition they can contact the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult finding employment. To assist these veterans get a job, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information that employers can request regarding a person's medical history and prevents harassment or reprisals based on disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, including hearing and breathing, walking, or seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes some conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation to perform the job, the employer must provide it, unless it causes undue hardship on the contractor's business. This includes modifying equipment, providing training, delegating 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, such as electronic visual aids, speaking calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer must supply furniture with raised or lower surfaces or purchase specially designed keyboards and mice.