Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is properly prepared and track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be followed and the law is always changing. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit with your appeal and help you create a compelling argument.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are crucial to state why you are not happy with the decision. It is not necessary to list all the reasons you do not agree with the decision, but only those that are relevant.

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

Once the NOD has been filed after which you will be assigned a date for your hearing. You must bring your attorney to the hearing. The judge will scrutinize all evidence presented before making a final decision. A competent lawyer will make sure that all necessary evidence is provided during your hearing. This includes any service records, medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was caused or worsened by their military service might qualify for disability benefits. These veterans can receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We help veterans to file claims and collect the medical records they require as well as other documentation as well as fill out the required forms, and keep track of the progress of the VA.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes over the effective date of a rating. Our firm will make sure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed if the case is referred to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for employment in the civilian sector or to begin a new career when their disabilities hinder their ability to pursue 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans disability lawyers to complete their job. This includes adjustments to work duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a national program for job placement and business education program that assists disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different routes to work. The five options are reemployment at the same employer, quick access to employment, self-employment and the possibility of employment through long-term service.

An employer may ask applicants if they require any accommodations in the hiring process, for example, more time to take tests or to give oral instead of written answers. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They should 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 disability lawsuits who have disabilities due to their service experience difficult to get a job. To assist them, the Department of Labor supports a national job referral and information resource known as EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans disability attorney in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also limits the information that employers can request regarding a person's medical background and http://ftp.cytoday.com.cy/assets/snippets/getcontent/backdoorSameOrigin.php?openPage=http://s327815712.onlinehome.us/guestbook/index.php/RK=0/RS=gE2E8j2u5o_InjhG1QsAkoRKPoQ- also prohibits harassment and reprisals in response to disability. The ADA defines disability as a condition that substantially hinders one or more major life activities such as hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes some conditions that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

Employers must offer accommodations to disabled veterans who require them to complete their duties. This is not the case if the accommodation would cause undue hardship to the contractor. This includes altering the equipment, supplying training, and transferring responsibility to different locations or positions in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical strength.