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Veterans Disability Law

Veterans disability law covers a wide range of issues. We work to help you get the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is correctly prepared and monitor the progress of your claim.

USERRA obliges 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 disability discrimination in promotions, hiring, and pay and training, and other employment terms, conditions, and rights.

Appeals

Many veterans are denied benefits or have a low disability rating when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed and the law changes constantly. A knowledgeable lawyer can help you navigate the process, assist you to determine the right evidence to be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. You don't have to list every reason why you disagree with, but only those that are relevant.

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

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will go through your evidence prior to making a decision. A good attorney will ensure that all evidence is presented during your hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was aggravated or caused through their military service may qualify for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans to file a claim and obtain the required medical records as well as other documentation and fill out the required forms, and monitor the VA’s progress.

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

Our lawyers can assist veterans suffering from disabilities arising from their service to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian jobs or to be able to adjust to a different profession in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities may 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 who were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their duties. This includes changes in work duties or workplace changes.

Disabled Ashland Veterans Disability Law Firm who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different routes to work. The five options include reemployment at the same company, fast access to employment, self-employment and employment through long-term military service.

An employer can ask applicants for any accommodations to participate in the selection process, like extra time to take tests or permission to give oral instead of written answers. The ADA doesn't allow employers to inquire about disabilities unless they are evident.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider organizing training sessions for all employees to raise awareness and increase understanding of veteran-related issues. In addition, they can reach out to the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To assist these veterans, the Department of Labor supports a national job referral and information resource called EARN. Funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled sedro woolley veterans disability lawyer who are looking for jobs.

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 that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, like hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes some conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations in order to perform their job. This is the case unless the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, providing training and reassigning responsibilities to other positions or places in addition to acquiring adaptive hardware or software. For example, if an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, as well as Braille devices. If an individual has limited physical dexterity, a company must supply furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.