Veterans Disability Law

bloomingdale veterans disability law firm disability law covers a variety of issues. We assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions and pay and also in training, as well as other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied disability benefits or are given a low rating, which ought to be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be adhered to, and the law changes constantly. A skilled lawyer can help you navigate the process, guide you determine what evidence you should submitted with your appeal, and Vimeo develop a convincing argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is essential to make clear in your NOD of the reasons you are not happy with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

You can file your NOD within one year from the date you appealed against the unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with the date for your hearing. You should bring your attorney to this hearing. The judge will examine the evidence and make a final determination. 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 who suffer from a debilitating mental or physical condition that was aggravated or caused by their military service might be eligible for disability benefits. Veterans may receive an amount of money per month based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file claims and collect the medical records they require as well as other documentation, fill out required forms, and keep track of the progress of the VA.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or a dispute over the date of rating that is effective. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are submitted with all the necessary details to support each argument in the claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian work or adapt to a new profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their job. This includes adjustments in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a national training and job placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military could follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment; self-employment; and the possibility of employment through long-term services.

Employers can ask applicants whether they need any accommodations for the selection process. For example if they require more time to finish the test or if it's okay to talk instead of writing their answers. But the ADA does not permit an employer to ask about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for their entire staff to increase awareness and understanding of veteran-related issues. In addition they can contact the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult finding employment. To assist them with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and Vimeo 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 restricts one or more of the major life activities, including hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain ailments that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to do their duties. This is not the case if the accommodation causes undue hardship to the contractor. This could include modifying the equipment, offering training and transferring responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with higher or Vimeo lower surfaces or purchase keyboards and mice specifically designed for people with restricted physical dexterity.