Veterans Disability Law
The law governing veterans disability is a vast area. We assist you in obtaining the benefits to which you are entitled.
The VA claim process was developed to be user-friendly by Congress. We make sure that your application is properly prepared and track the progress of your claim.
USERRA obliges employers to provide reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay and also in training, and other employment terms, conditions and rights.
Appeal
Many veterans are denied disability benefits or are given low ratings that ought to be higher. A qualified veteran benefits attorney can help you file an appeal to 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 you build a strong claim.
The VA appeals process begins with a Notification of Disagreement. It is crucial to state clearly in your NOD about why you do not agree with the decision. You don't have to include every reason you don't agree with the decision, only the ones that are relevant.
The NOD can be submitted within one year of the date of the adverse decision you are appealing. If you require more time to prepare your NOD, an extension can be granted.
After the NOD is filed, you will receive the date for your hearing. Your attorney should be present to the hearing. The judge will go over the evidence and then make a final decision. A good attorney will ensure that all evidence is presented during your hearing. This includes all service records, private medical records and C&P tests.
Disability Benefits
Veterans who suffer from a disabling physical or mental condition that was aggravated or caused through their military service could qualify for disability benefits. They may be eligible for monthly monetary payments based on the degree of their disability.
Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file a claim and obtain the necessary medical records, other documents to complete the necessary forms, and monitor the VA’s progress.
We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements about a percentage evaluation or a dispute over the date of rating that is effective. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are prepared with all the necessary information to support each argument in the claim.
Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to begin changing careers when their disabilities preclude their ability to pursue 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.
Employer Accommodations
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their duties. This includes modifications to work duties or changes to the workplace.
Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide job placement and business training program that assists disabled veterans find employment and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to gain employment. The five options include reemployment with the same company, fast access to employment, self-employment, and the possibility of employment through long-term service.
Employers may ask applicants if they require any accommodations during the selection process. For example if they require more time to complete an exam or if it's acceptable to speak instead of write their answers. However, the ADA does not permit an employer to ask about a person's disability status unless it is apparent.
Employers who are concerned about discrimination against disabled veterans might think about having training sessions for their entire staff to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.
Reasonable Accommodations
Many veterans with disabilities caused by service have difficulty to find employment. To aid these veterans to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled
Veterans Disability Law Firms (
Http://Artrecord.Kr) seeking job opportunities.
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may request regarding a person's medical history and prevents harassment and reprisals due to disability. The ADA defines disability in terms of the condition that significantly restricts one or more major activities of daily living, like hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and so on. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).
If a disabled veteran requires accommodations to complete a job, an employer must provide it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, providing training, and transferring responsibility to other positions or places, as well as acquiring adaptive software or hardware. For instance when an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must furnish furniture with raised or lower surfaces or buy keyboards and mouse that are adapted for people who have limited physical strength.