자유게시판

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 will ensure that your claim is well-prepared and you can track the progress of your case.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated through 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.

Appeal

Many veterans are denied benefits or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the evidence you need to submit for your appeal, and assist you create a compelling argument.

The VA appeals procedure begins with a Notification of Disagreement. It is important to be clear in your NOD of the reasons you are not happy with the decision. You don't need to list all the reasons you disagree with the decision, just those that are relevant.

The NoD is filed within one year of the date of the adverse decision that you are appealing. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD has been submitted, you will be provided with the date for your hearing. It is crucial that your attorney attend this hearing along with you. The judge will go through all evidence presented before making a final decision. An experienced attorney will ensure that all of the required evidence is presented at your hearing. Included in this are service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a chronic mental or physical condition that was aggravated or caused through their military service may be eligible for disability benefits. They can receive a monthly monetary payment according to their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing an application and obtain the required medical records along with other documents as well as fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements over the percentage evaluation, or disagreements regarding the effective date of the rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that any additional SOCs are submitted with all the necessary information needed to support every argument in the claim.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for employment in the civilian sector, or to adjust to an entirely new career if their disabilities prevent them from being able to find a job that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their job. This could include changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a national employment and business training program that helps veterans with disabilities find jobs and companies.

Veterans disability lawyers with disabilities who are leaving from the military could follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; fast access to employment; self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example if they require longer time to complete a test or if it's okay to speak instead of write their answers. But the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans must consider conducting training sessions for all employees to raise awareness and enhance understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult to find work. To assist these veterans, the Department of Labor funds EARN, a national resource for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also limits the information that employers can inquire about a person's medical background and also prohibits harassment and retaliation due to disability. The ADA defines disability as a condition that hinders one or more essential life activities, such as hearing, seeing breathing, walking, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them to do their job. This is the case unless the accommodation causes undue hardship to the contractor. This includes modifying the equipment, offering training and transferring responsibilities to different locations or positions as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer should provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.