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Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated through 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 conditions, terms and benefits of employment.

Appeals

Many veterans are denied disability benefits or are given low ratings that ought to be higher. An experienced veteran benefits attorney 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 the laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, determine the type of evidence you need to present for your appeal, and assist you create a compelling argument.

The VA appeals process begins with a Notice to Disagreement. In your NOD, you are important to provide reasons why you disagree with the decision. You do not have to list every reason why you disagree with, but only those that are pertinent.

You may file your NOD within one year of when you appealed an unfavorable decision. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date for your hearing. It is essential that your attorney attend this hearing together with you. The judge will review your evidence prior to making a decision. A good lawyer will make sure that all the necessary evidence is exhibited during your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a crippling mental or physical condition that was caused or aggravated by their military service might be eligible for disability benefits. They can receive monthly monetary compensation based 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 they're entitled to. We assist veterans in filing claims, get the necessary medical records and other documents, complete necessary forms and monitor the progress of their VA claim on their behalf.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements on a percentage evaluation or a dispute over the date at which a rating is effective. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the required information are filed if the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans disability lawyers (http://rladusdn74.woobi.Co.kr/bbs/board.php?bo_table=c&wr_id=184145) prepare for civilian employment, or to adjust to changing careers when their disabilities hinder their ability to find a job that is meaningful. 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 who have disabilities, which includes those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their jobs. This includes changes to work duties or workplace changes.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that assists veterans with disabilities find jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term service.

An employer may ask applicants if they require any accommodations in the hiring process, such as extra time to take tests or permission to give oral instead of written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider organizing training sessions for all employees to raise awareness and better understand veteran issues. Additionally they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans disability law firms with disabilities that are related to their service have difficult to find employment. To help these veterans, the Department of Labor supports a national job referral and information resource called EARN. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

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

If a disabled veteran needs an accommodation to do the job, the employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, offering training, and transferring responsibility to other positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, an employer should provide furniture with raised or lowered surfaces or purchase specially designed keyboards and mice.