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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you ensure you receive the benefits you have earned.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires that employers provide reasonable accommodations to employees with disabilities incurred during military service or aggravated by military service. Title I of ADA prohibits discrimination based on disability in promotions, hiring, and pay and also in training, and other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A lawyer for veterans benefits can help 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 will guide you through the appeals process, identify the evidence you need to submit to support your appeal and assist you prepare a convincing argument.

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

You can file your NoD within one year from the date you appealed against the unfavorable decision. If you need more time to prepare your NOD, a request for an extension could be granted.

Once the NOD is filed, you will be assigned a date and time for your hearing. It is essential that your attorney attend the hearing along 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 evidence needed is presented at the hearing. Included in this are service medical records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental illness which was caused or aggravated through their military service could qualify for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records as well as other documents, fill out required forms and track the progress of the VA on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disputes over the date at which a rating is effective. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that additional SOCs are prepared with all the necessary information needed to support every argument in an appeal.

Our lawyers can also assist gilbert veterans disability attorney with disabilities related to service apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to help them prepare for civilian employment or learn to adapt to a new job in the event that their disabilities hinder them from obtaining 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their job. This includes changes to work duties or workplace adjustments.

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

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

Employers may ask applicants whether they require any modifications to participate in the hiring process, such as extra time to take tests or permission to provide verbal answers instead of written answers. The ADA doesn't allow 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 having training sessions available to all employees to raise awareness and improve understanding of veterans' issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To assist them, the Department of Labor supports a national job search and information resource known as EARN. The program is supported 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 looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also limits the information employers may inquire about a person's medical history and prohibits harassment and revenge due to disability. The ADA defines disability as a condition that significantly limits one or more essential activities of daily living, such as hearing and seeing, walking, breathing. Sitting, standing or working, learning, etc. The ADA excludes certain conditions that are common among veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to complete their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This can include altering the equipment, vimeo 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 should purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company must supply furniture with raised or lower surfaces or purchase specially designed keyboards and mice.