• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Veterans Disability Law

The law governing veterans disability is a broad area. We help you get 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 case.

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

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. A qualified veteran benefits lawyer 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 followed, and the law changes constantly. A skilled lawyer will guide you through the appeals process, help you determine the type of evidence you need to present with your appeal and help you prepare a convincing argument.

The VA appeals procedure starts with a Notice of Disagreement. It is essential to be clear in your NOD of the reasons you do not agree with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

The NOD can be filed within a year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, an extension could be granted.

Once the NOD is filed and the NOD is filed, you will be assigned a date for your hearing. It is essential that your attorney present at the hearing together with you. The judge will go over your evidence and make a final decision. A competent lawyer will ensure that all the necessary evidence is exhibited during your hearing. This includes any service records, medical records and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and is the result of or worsened by their military service, may be qualified for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score, which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans to file claims and collect the medical records they require as well as other documentation as well as fill out the required forms, and track the VA’s progress.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of the rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are prepared with all the necessary details to support each argument in an appeal.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for employment in the civilian sector or to transition to an entirely new career if their disabilities make it difficult for them to find meaningful work. 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their jobs. This includes changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled Veterans disability lawyers looking to find work. This is a national program for job placement and business education program that helps disabled veterans find employment and businesses.

veterans disability attorneys with disabilities who are leaving from the military could follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same company, fast access to employment, self-employment and work through long-term services.

Employers can ask applicants whether they need any accommodations for the hiring process. For example that they require longer time to complete a test or if it's okay to talk instead of writing their answers. But the ADA does not allow an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire staff to increase awareness and understanding of issues faced by veterans. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To assist these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

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 limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, including hearing and breathing, walking, or seeing. Standing, sitting or working, learning, etc. The ADA excludes certain ailments that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This could include modifying equipment, offering training, reassigning the duties to different jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer must supply furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.