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Veterans Disability Law

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

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

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

Appeal

Many veterans are denied disability benefits or are given low ratings that should be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine the evidence you need to submit for your appeal, and assist to build a strong case.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you are dissatisfied with the decision. It is not necessary to list every reason you disagree, but only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision that you are appealing. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment for hearing. It is crucial to have your attorney attend the hearing along with you. The judge will review all of your evidence before making a final decision. A good attorney will make sure that all the evidence needed is presented during your hearing. Included in this are any service records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a debilitating physical or mental disorder that was aggravated or caused through their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans in filing claims, get the necessary medical records as well as other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also assist with appeals of VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes about the date of effective of an evaluation. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that any additional SOCs are prepared with all the necessary information needed to support every argument in an appeal.

Our lawyers can assist veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to prepare them for civilian employment or learn to adapt to a new job when their disabilities prevent them from obtaining meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans disability lawsuits perform their duties. This includes adjustments to work duties or workplace adjustments.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training that assists disabled veterans disability lawyers to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different paths to work. These include reemployment with the same employer; fast access to employment, self-employment and employment through long-term care.

Employers may ask applicants if they require any accommodations during the selection process. For instance the need for more time to finish the test or if they feel it is okay to speak instead of writing their answers. The ADA does not allow employers to ask about disabilities unless they are obvious.

Employers who are concerned about possible discrimination against disabled veterans ought to consider having training sessions available to all employees to raise awareness and enhance understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to find employment. To help them in obtaining employment, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers can request about a person's medical history and prevents harassment or retaliation based on disability. The ADA defines disability in terms of a condition that significantly limits one or more major activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require them to do their duties. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, offering training and shifting responsibilities to other positions or locations, as well as acquiring adaptive software or hardware. For instance the case of an employee who is blind or visually impaired employers must purchase adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical dexterity.
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