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Veterans Disability Law

The law governing veterans disability is a broad area. We will help you help you get the benefits you are entitled to.

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is well-prepared and we track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for veterans disability lawyers (gigatree.eu) Claims. The process is complicated, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit in your appeal, and help you create a compelling argument.

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

The NOD can be filed within a year of the date of the adverse decision you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with the date for your hearing. It is essential that your attorney be present along with you. The judge will look over your evidence prior to making a decision. A good attorney will ensure that all of the required evidence is presented during your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and is the result of or worsened due to their military service, could be qualified for disability benefits. Veterans can receive monthly monetary compensation according to their disability rating which is a percentage that demonstrates the severity of their condition.

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

We also can assist with appeals of VA decision, including denials of benefits, disagreements with the percentage evaluation or disagreements regarding the effective date of the rating. Our firm will ensure that the first 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 also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment or to adapt to a new career when their disabilities prevent them from being able to find meaningful work. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

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

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps veterans with disabilities to jobs and businesses.

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

Employers may ask applicants if they require any accommodations in the hiring process, including more time to sit for tests or to provide verbal answers instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. They may 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 service struggle to find work. To help these veterans to find work, the Department of Labor funds EARN, a national resource for information and job vacancies. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. It also limits the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more major life activities, including hearing, seeing breathing, walking, standing, sitting, learning, and working. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations in order to perform their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This can include altering the equipment, offering training and shifting responsibilities to other positions or places, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and veterans disability lawyers software, including electronic visual aids, talk calculators, Braille devices and Braille displays. If an individual has limited physical strength, employers must supply furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.