공지사항

Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We make sure that your application is well-prepared and we track the progress of your claim.

USERRA requires that employers offer reasonable accommodations to employees with disabilities acquired during military service, veterans disability law or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions pay, training, and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that 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 can be complicated, with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are important to describe your reasons for disagreeing with the decision. You don't have to list every reason that you disagree with, but only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you are appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will be given an appointment for hearing. Your attorney should be present to the hearing. The judge will look over the evidence and make a final determination. A competent lawyer will make sure that all the required evidence is presented at your hearing. Included in this are medical records, service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a disabling mental or physical condition that was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive an annual monetary payment dependent on the severity of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans to file claims and collect the required medical records and other documents and fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that additional SOCs are submitted with all the necessary information to back every argument in the claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans disability lawyer prepare for civilian employment or to transition to the new job market if their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities to perform their job. This includes changes in job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a nationwide employment and business training program that helps disabled veterans find work and companies.

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

Employers can inquire about applicants' disabilities and whether they require any accommodations during the selection process. For example the need for more time to take an exam or if it's okay to speak instead of write their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for their entire staff to increase awareness and understanding of the issues facing veterans disability lawsuit. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult finding employment. To help these veterans disability compensation in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of 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 an illness that severely limits one or more major aspects of daily living, including hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This could include modifying the equipment, supplying training, and transferring responsibility to other positions or places and acquiring adaptive software or hardware. For instance in the event that an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mice that have been adapted for people who have restricted physical dexterity.