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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 designed to be easy to use by Congress. We make sure that your application is well-prepared and you can track the progress of your case.

USERRA requires employers to make reasonable accommodations available to employees with disabilities that are incurred or aggravated in military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied disability benefits or are given a low rating, which isn’t adequate. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, help determine what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to be clear in your NOD of the reasons you are dissatisfied with the decision. You don’t have to list every reason why you disagree, but only those that are pertinent.

You may file your NOD within one year of the date you appealed against the unfavorable ruling. If you require more time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will receive an appointment date. Your attorney should be present to this hearing. The judge will review your evidence prior to making a final decision. An experienced attorney will ensure that all the proper evidence is presented at your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and is the result of or worsened due to their military service, could be eligible for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating which is a percentage that demonstrates the severity of their condition.

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 claims and collect the required medical records and other documents and fill out the required forms, and keep track of the VA’s progress.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date for the rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed when a case is taken to an appeals court.

Our lawyers can assist veterans with disabilities that are related to their military service when applying 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 adjust to changing careers when their disabilities preclude their ability to pursue meaningful employment. It is also possible for Vimeo disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities do their duties. This includes changes in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a nationwide job-training and placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment, self-employment and the possibility of employment through long-term services.

Employers may ask applicants if they need any accommodations for the hiring process. For example if they require more time to take a test or if it’s acceptable to speak instead of write their answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled bogota veterans disability attorney should think about holding training sessions for all employees to raise awareness and improve understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many bolivar veterans disability lawsuit suffering from disabilities related to their service find it difficult to find employment. To help these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The program is supported by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly limits one or more major life activities such as hearing, seeing, walking, breathing, sitting, standing, learning and working. The ADA excludes certain ailments that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it, unless it will impose unreasonable hardship on the contractor’s business. This includes altering the equipment, supplying training and shifting responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. For instance the case of an employee who is visually impaired or blind employers must purchase adaptive software and equipment for computers, electronic visual aids and talking calculators, as well as Braille devices. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that are adapted for people who have physical limitations.