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Veterans disability law covers a variety of issues. We will help you ensure you receive the benefits you are entitled to.
The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is properly prepared and track the progress of your claim.
USERRA requires that employers offer reasonable accommodations for employees with disabilities acquired during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well as training, and other terms, conditions and privileges of employment.
Appeal
Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.
The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe the reasons you don't agree with the decision. You do not have to list every reason you disagree with, but only those that are pertinent.
Your NOD can be filed within one year from the date of the unfavorable decision you are appealing. If you need more time to prepare your NOD, an extension can be granted.
After the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will go over your evidence and make a final decision. A competent lawyer will ensure that all the required evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.
Disability Benefits
Veterans suffering from a physical or mental condition which is disabling and was triggered or worsened by their military service, could be eligible for disability benefits. They may be eligible for a monthly monetary payment based on the severity of their disability.
Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing a claim and obtain the required medical records, other documents to complete the necessary forms, Veterans Disability Lawsuit and monitor the VA’s progress.
We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disputes over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that any additional SOCs are filed with all the required information to back each argument in a claim.
Our lawyers can also assist veterans disability law firms with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for employment in the civilian sector or to transition to a new career when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.
Accommodations for Employers
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to assist veterans disability attorneys with disabilities do their jobs. This includes adjustments to job duties and modifications to work environments.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a national program for job placement and business education program that helps disabled veterans find jobs and companies.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to a job. These include reemployment with same employer; quick access to employment; self-employment and employment through long-term services.
An employer may ask applicants to provide any special accommodations to participate in the hiring process, including extra time to take an exam or the ability to give verbal instead of written answers. However, the ADA does not permit an employer to inquire about a person's disability status unless it is evident.
Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for all of their staff to increase awareness and understanding of veteran issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.
Reasonable Accommodations
Many veterans with disabilities related to their service find it difficult finding employment. To aid these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for job opportunities.
The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can request regarding a person's medical history and prevents harassment or discrimination in response to disability. The ADA defines disability as a condition that significantly limits one or more important life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).
If a disabled veteran requires an accommodation in order to complete work, an employer must accommodate it unless it causes undue hardship on the contractor's business. This can include altering the equipment, supplying training and reassigning responsibilities to different positions or locations and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. If an employee has limited physical strength, employers must supply furniture that has raised or lowered surfaces or purchase adapted mouses and keyboards.
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