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

Veterans Disability Law

Veterans disability law is a broad field. We assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is properly prepared and we track your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities incurred during military service, or aggravated by 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, terms and benefits of employment.

Appeals

Many veterans are denied disability benefits or are given low ratings that should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for veterans disability attorney Claims. The process is complicated with specific rules and procedures that must be followed, and the law is constantly changing. An experienced lawyer can help you navigate the process, help identify what evidence should be submitted with your appeal, and develop a convincing argument for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to be clear in your NOD about why you disagree with the unfavorable decision. It is not necessary to list every reason why you disagree with, but only those that are relevant.

You are able to file your NOD within one year from the date you appealed against the unfavorable ruling. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. It is recommended that you bring your attorney to this hearing. The judge will look over your evidence and make a decision. A good attorney will make sure that all the proper evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was caused or aggravated by their military service might qualify for disability benefits. They may be eligible for an annual monetary payment based on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans to file an application and obtain the medical records they require along with other documents to complete the necessary forms, and track the progress of the VA.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation, or disputes about the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are submitted with all the necessary information needed to support each argument in an appeal.

Our lawyers can also help 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 prepare for civilian employment or to transition to the new job market if their disabilities make it difficult for them to pursue meaningful employment. Veterans with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their jobs. This includes changes to job duties or modifications to work environments.

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

Veterans Disability Lawyers with disabilities who are separated from the military can follow one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, rapid access to employment, self-employment, and work through long-term services.

An employer may ask applicants for any accommodations to participate in the hiring process, for example, longer time to complete tests or to give verbal instead of written answers. The ADA does not allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans may think about organizing training sessions for all of their staff in order to increase awareness and understanding of veteran issues. In addition, they can seek out the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find employment. To help them to find work, the Department of Labor supports a national job search and information resource called EARN. 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 who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request about a person's medical history and prevents harassment and retaliation due to disability. The ADA defines disability as conditions that severely limit one or more of the major activities of daily living, like hearing and breathing, walking, or seeing. Standing, sitting at a desk, working, studying and more. The ADA excludes certain conditions that are common among veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their job. This is not the case if the accommodation causes undue hardship to the contractor. This could include modifying equipment, providing training, reassigning tasks to other jobs or facilities, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers should provide furniture with raised or lower surfaces or buy keyboards and mouse that are made for those with limited physical strength.