• 글쓰기
• 목록

Veterans Disability Law

The law governing veterans disability is a broad area. We will fight to ensure you receive the benefits you are entitled to.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is correctly prepared and monitor the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or are given a low rating, which should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be followed and the law is always changing. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit with your appeal and help you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). It is essential to be clear in your NOD about why you are not happy with the decision. You don't need to list all the reasons why you are not happy with the decision, just those that are relevant.

You can file your NoD within one year from the date that you appealed the unfavorable decision. If you require additional time to prepare your NOD, an extension could be granted.

After the NOD has been filed, you will receive a date for hearing. It is essential that your attorney attend this hearing along with you. The judge will look over all evidence presented before making a decision. A competent lawyer will ensure that all the required evidence is provided during your hearing. Included in this are service medical records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was triggered or worsened as a result of their military service, could be eligible for disability benefits. Veterans may receive an annual monetary payment based on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist Utica Veterans Disability Law Firm with filing claims, obtain required medical records and other documentation, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or disputes over the date at which a rating is effective. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that any additional SOCs are submitted with all the necessary information 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 provides training, education and job-related skills for veterans to prepare them for civilian employment or learn to adapt to a new job when their disabilities keep them from finding work that is meaningful. Veterans with disabilities might 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 that were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. This includes changes in the work environment or job duties.

Veterans with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that helps disabled veterans find employment and companies.

Veterans with disabilities who are leaving from the military could follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and the possibility of employment through long-term service.

An employer may ask applicants for any modifications to participate in the hiring process, for example, longer time to complete a test or permission to give verbal instead of 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 discriminatory practices against disabled veterans must consider organizing training sessions for all employees to increase awareness and increase understanding of blue springs veterans disability lawyer' issues. Additionally, they can seek out the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to find work. To aid these veterans in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also restricts the information employers may ask about a person's health history and prevents harassment or reprisals due to disability. The ADA defines disability as a condition that significantly limits one or more essential activities of daily living, like hearing and breathing, walking, or seeing. Standing, sitting, working, learning and learning, etc. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their duties. This is not the case if the accommodations would create unnecessary hardship to the contractor. This includes altering equipment, offering training, shifting duties to other jobs or facilities, and purchasing adaptive software or hardware. For example, if an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that have been specially designed for those with restricted physical dexterity.