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Veterans Disability Law

The law governing veterans disability is a broad field. We will fight to make sure you receive the benefits that you have earned.

The VA claim process was developed to be easy to use by Congress. We make sure your application is thoroughly prepared and track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions, and pay, as well as training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or have an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can assist you 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. An experienced lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist you build a strong claim.

The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, it is important to explain the reasons you don't agree with the decision. You don't have to list all the reasons you do not agree with the decision. Just those that are relevant.

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

Once the NOD is filed, you will be given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will look over your evidence and make a final decision. A competent lawyer will ensure that all the required evidence is provided during your hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused by or worsened as a result of their military service could be qualified for disability benefits. These veterans may receive an annual monetary payment depending on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans to file an application, obtain the required medical records and other documents, complete required forms and track the VA's progress on their behalf.

We can also assist with appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or disputes over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filled out with all of the required information to support every argument in an appeal.

Our lawyers can help veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian work or to begin the new job market if their disabilities hinder their ability to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their job. This includes adjustments to job duties and modifications to work environments.

Disabled caldwell veterans disability lawyer looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment; self-employment and work through long-term service.

Employers can ask applicants whether they need any accommodations for the selection process. For example the need for longer time to complete a test or if it is okay to speak instead of write their answers. The ADA does not allow employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for their entire staff in order to increase awareness and understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to get a job. To assist these veterans to find work, the Department of Labor supports a national job search and information resource called EARN. It is funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled oil city veterans disability attorney who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can inquire about a person's medical history and prevents harassment and reprisals in response to disability. The ADA defines disability in terms of the condition that significantly restricts one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting and working, as well as learning, etc. The ADA excludes certain ailments that are common in Barstow Veterans Disability Law Firm, including the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do work, an employer must offer it unless it causes undue hardship on the contractor's business. This could include modifying the equipment, providing training and reassigning responsibilities to other positions or places and acquiring adaptive software or hardware. For instance when an employee is visually impaired or blind employers must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with raised or lower surfaces or buy keyboards and mouse that are specifically designed for people with limited physical strength.