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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you are entitled to.

Congress created the VA claim process to be more accommodating for veterans. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities acquired during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well other conditions, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be adhered to, and the law is ever-changing. A knowledgeable lawyer can guide you through the process, help you determine what evidence should be included in your appeal and help you build a strong argument for your case.

The VA appeals procedure begins with a Notice to Disagreement. It is essential to make clear in your NOD about why you are not happy with the decision. It is not necessary to list all the reasons you disagree with the decision, only the ones that are relevant.

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

Once the NOD has been filed, Veterans Disability lawyers you will be notified of a date for hearing. It is essential that your attorney attend the hearing together with you. The judge will go through your evidence prior to making a decision. A good lawyer will ensure that all necessary evidence is provided during your hearing. This includes any service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was aggravated or caused through their military service could qualify for disability benefits. They can receive a monthly monetary payment depending on their disability rating, which is a percentage which indicates the severity of their problem.

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

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

Our lawyers can assist veterans suffering from disabilities resulting from their military service when applying for vocational rehabilitation services. This program offers training, education and job-related skills for veterans disability lawsuit to prepare them for civilian employment or to adapt to a new profession in the event that their disabilities hinder them from working in a meaningful way. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans disability attorneys to perform their job. This includes modifications to work duties or workplace adjustments.

Disabled veterans seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nation-wide program for job placement and training that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer, rapid access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants if they require any accommodations to participate in the hiring process, for example, more time to take tests or permission to provide oral rather than written answers. The ADA does not allow employers to ask about a disability unless it's evident.

Employers that are concerned about possible discrimination against disabled veterans should consider organizing training sessions for all employees to raise awareness and improve understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to get a job. To assist them, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled Veterans Disability lawyers seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information that employers can request regarding a person's medical history and prohibits harassment and revenge because of disability. The ADA defines disability as conditions that severely limit one or more major activities of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing, working, learning and so on. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation in order to complete the job, the employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, providing training and shifting responsibilities to other positions or locations and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer must supply furniture with raised or lowered surfaces or purchase specially designed keyboards and mice.