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

Veterans Disability Law

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

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

USERRA requires employers to provide 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 pay, training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or get a low disability rating when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help you determine what evidence you should included in your appeal and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement. It is crucial to be clear in your NOD on the reason you are dissatisfied with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

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

After the NOD is filed, you will receive an appointment for hearing. It is recommended that you bring your attorney to this hearing. The judge will examine the evidence and make a decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are service medical records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and is the result of or worsened due to their military service may be qualified for disability benefits. Veterans may receive an annual monetary payment depending on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We help veterans file claims, get the necessary medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or disagreements over the effective date of 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 further SOCs are filed with all the required information to back each 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 training, education and job-related skills that prepare veterans for employment in the civilian sector, or to adjust to the new job market if their disabilities hinder their ability to find meaningful work. Veterans with disabilities may also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their duties. This could include changes to work duties or modifications to work environments.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a national job placement and training program that helps disabled veterans disability attorneys to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment and employment through long-term military service.

An employer may ask applicants if they require any special accommodations to participate in the hiring process, including more time to sit for a test or permission to provide verbal answers instead of written answers. The ADA doesn't allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for all of their staff to increase awareness and understanding of veteran-related issues. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans disability lawsuit with disabilities caused by service have difficulty to find employment. To assist these veterans to find work, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that substantially limits one or more major life activities, including hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA excludes certain ailments that are common for veterans, like post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must provide it, unless it would impose undue hardship on the contractor's business. This can include changing equipment, offering training, transferring the duties to different locations or positions, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces, or purchase keyboards and mice made for those with limited physical dexterity.