Veterans Disability Law
Veterans disability law is a broad field. We will help you get you the benefits you deserve.
The VA claim process was designed to be user-friendly by Congress. We ensure that your application is completed and tracked your case through the process.
USERRA requires employers to offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay and training, as well as other terms, conditions of employment and privileges.
Appeal
Many veterans disability law firm are denied benefits or receive low disability ratings 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 can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you should submit for your appeal, and assist you create a compelling argument.
The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, you are important to describe your reasons for disagreeing with the decision. You do not have to list every reason why you disagree, but only those that are relevant.
The NoD is filed within a year of the date of the adverse decision you’re appealing. If you need more time to prepare your NOD, an extension could be granted.
Once the NOD has been filed, you will be notified of an appointment for hearing. It is crucial that your attorney attend this hearing with you. The judge will review the evidence you have presented before making a decision. A good lawyer will ensure that all the necessary evidence is presented during your hearing. This includes any service records, medical records, and any C&P exams.
Disability Benefits
Veterans suffering from a disabling physical or mental illness that was caused or worsened through their military service may be eligible for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating, which is a percentage that indicates the severity of their condition.
Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application and obtain the required medical records along with other documents to complete the necessary forms, and monitor the VA’s progress.
We can also help with appeals for any VA decision. This includes denials of VA benefits, disagreements on a percentage evaluation or disagreements over the effective date of rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that the additional SOCs are submitted with all the necessary information needed to support every argument in the claim.
Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to transition to a new career when their disabilities make it difficult for them to find work 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, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their jobs. This includes changes in the job description or changes to the workplace.
Disabled veterans disability law firms; ghasemtorabi.ir, seeking employment may wish to inquire with the Department of Labor’s Ticket to Work program. This is a national job-placement and business-training program that assists disabled veterans find jobs and businesses.
Veterans with disabilities who are separated from the military may follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer, rapid access to employment; self-employment; and work through long-term service.
Employers may ask applicants whether they require any special accommodations to participate in the selection process, like longer time to complete a test or permission to provide oral rather than written answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless the disability is obvious.
Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.
Reasonable Accommodations
Many veterans who have disabilities due to their military experience have difficult to find work. To help them in obtaining employment, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.
The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly limits one or more major life activities, such as hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, including post-traumatic disorder or tinnitus. (PTSD).
Employers are required to provide accommodations for disabled veterans who need them to do their job. This is true unless the accommodation would cause undue hardship to the contractor. This can include changing equipment, offering training, transferring duties 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 and talking calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer must provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.