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Veterans Disability Law

veterans disability lawsuit disability law covers a wide range of issues. We will assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied disability benefits or receive low ratings that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to and the law is constantly changing. An experienced lawyer can guide you through the process, help you determine what evidence you should included in your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to explain why you disagree with the decision. You don't have to include every reason you don't agree with the decision, only those that are relevant.

The NoD is filed within one year from the date of the unfavorable decision you're appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed and the NOD is filed, you will be assigned a time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go through the evidence you have presented before making a decision. A good attorney will make sure that all the evidence needed is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused or worsened by their military service, could be eligible for disability benefits. They may be eligible for a monthly monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing claims, get the necessary medical records and other documents, complete required forms and track the VA's progress on their behalf.

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

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian jobs or to learn to adapt to a new job in the event that their disabilities hinder them from finding work that is meaningful. 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 (ADA) prohibits discrimination against veterans who have disabilities, veterans disability lawyers which includes those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities perform their duties. This includes changes to job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. It is a nationwide training and job placement program that assists veterans with disabilities to jobs and businesses.

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

Employers can ask applicants whether they require any modifications for the hiring process. For instance that they require more time to complete an exam or if it's okay to talk instead of write their answers. The ADA does not permit employers to ask about disabilities unless they are evident.

Employers that are concerned about discrimination against disabled veterans must consider holding training sessions for all employees to increase awareness and enhance understanding of veteran issues. In addition, they can seek out the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability law firms suffering from disabilities related to their service find it difficult finding employment. To help these veterans get a job, 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 and electronic information system that connects employers with disabled veterans looking for 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 restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition which significantly restricts one or more of the important life activities, such as hearing, seeing breathing, walking, sitting, standing and working. The ADA excludes certain conditions that are common among veterans disability lawyers, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires accommodations to complete work, an employer must offer it unless it causes undue hardship on the contractor's business. This can include changing equipment, providing training, reassigning tasks to other jobs or facilities, as well as purchasing adaptive software or hardware. For example in the event that an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mice that are made for those with physical limitations.