• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to get you the benefits you deserve.

Congress designed the VA claim process to be a veteran-friendly one. We will ensure that your claim is correctly prepared and monitor the progress of your case.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions and pay and also in training, as well as other employment terms, conditions and privileges.

Appeal

Many veterans are denied benefits or have low disability ratings when it should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be adhered to, and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit to support your appeal and assist to build a strong case.

The VA appeals procedure begins with a Notice of Disagreement. It is essential to make clear in your NOD of the reasons you are dissatisfied with the decision. You don't have to list all the reasons why you are not happy with the decision, just those that are relevant.

The NOD can be filed within one year of the date of the unfavorable decision you want to appeal. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed and you have been assigned a date for your hearing. It is crucial that your attorney attend the hearing with you. The judge will go through all of your evidence before making a final decision. A good attorney will make sure that all the proper evidence is presented at the hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating physical or mental illness that was aggravated or caused through their military service could be eligible for disability benefits. These veterans may receive monthly monetary payments depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file a claim and obtain the required medical records along with other documents, fill out required forms, and track the VA’s progress.

We can also assist with appeals of any VA decisions, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date of the rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that additional SOCs are submitted with all the necessary information to support each argument in a claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian work or to begin the new job market if their disabilities preclude their ability to find meaningful work. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to complete their duties. This includes changes in the work environment or job duties.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and training that helps disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military can choose one of five routes to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer, rapid access to employment; self-employment and employment through long-term care.

Employers can ask applicants whether they require any accommodations during the selection process. For example that they require longer time to complete the test or if it's okay to talk instead of write their answers. However, the ADA does not allow employers to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans might be interested in holding training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally they can seek out the Job Accommodation Network, Veterans Disability Lawyers a free service for consultation that provides individualized workplace accommodations solutions and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability lawyers (kizkiuz.com) who have disabilities due to their service have difficult to find work. To help them to find work, the Department of Labor supports a national job referral and information resource known as EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can request regarding a person's medical background and also prohibits harassment and retaliation in response to disability. The ADA defines disability as the condition that significantly restricts one or more major activities of daily living, including hearing and walking, breathing, seeing. Standing, sitting at a desk, working, studying and so on. The ADA does not cover certain conditions that are common in veterans disability lawyers, including tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, providing training and transferring responsibilities to different positions or locations as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mouse that are adapted for people who have restricted physical dexterity.