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veterans Disability Lawyer Disability Law

The law governing veterans disability is a broad field. We work to help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is well-prepared and you can track the progress of your case.

USERRA requires employers to provide 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 when hiring promotions pay, training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits, or receive low disability ratings 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 many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, guide you determine the right evidence to be included in your appeal, and develop a convincing argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is crucial to be clear in your NOD about why you are dissatisfied with the decision. You don't have to include all the reasons you disagree with the decision, but only the ones that are relevant.

The NOD must be submitted within one year of the date of the adverse decision that you are appealing. If you require longer time to prepare your NOD, an extension may be granted.

After the NOD is submitted, you will be provided with an appointment date. You must bring your attorney to the hearing. The judge will go through all evidence presented before making a final decision. An experienced attorney will ensure that all of the required evidence is presented at the hearing. Included in this are any medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was caused by or worsened by their military service could be qualified for disability benefits. Veterans may receive a monthly monetary payment depending on the severity of their disability rating.

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

We can also assist with appeals of any VA decisions, including denials of benefits, disagreements with the percentage evaluation or disagreements regarding the effective date of a rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed if the case is brought to an appeals court.

Our lawyers can also help veterans disability attorneys with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector, or to adjust to an entirely new career if their disabilities make it difficult for them to find work that is meaningful. veterans disability lawyer with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their duties. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. This is a nationwide job placement and business training program that helps disabled veterans find work and companies.

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). These include reemployment with same employer; fast access to employment; self-employment and work through long-term service.

Employers can inquire whether they require any accommodations in the selection process, like more time to sit for tests or to provide oral rather than written answers. The ADA does not allow employers to ask about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service experience difficult finding employment. To assist them, the Department of Labor supports a national job-related referral and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also restricts the information employers are able to request about a person's medical history and prevents harassment or retaliation based on disability. The ADA defines disability as a condition that significantly restricts one or more important life activities, such as hearing, sight breathing, walking, sitting, standing, learning, and working. The ADA excludes certain ailments that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to complete their duties. This is not the case if the accommodation would cause undue hardship to the contractor. This includes altering equipment, offering training, shifting the duties to different positions or facilities, and acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that are adapted for people who have restricted physical dexterity.