veterans disability; one-time offer, Law

Veterans disability law is a broad area. We assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is correctly prepared and monitor the progress of your claim.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated in military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that isn't adequate. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you must submit to support your appeal and assist you build a strong claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, you are important to provide reasons why you are not happy with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

The NoD is filed within one year from the date of the unfavorable decision you're appealing. You may be granted an extension in case you require additional time to prepare your NOD.

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

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and is the result of or worsened by their military service, may be eligible for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing a claim and obtain the required medical records as well as other documentation, fill out required forms, and monitor the VA’s progress.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements regarding a percentage evaluation, or disputes about the date at which a rating is effective. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that further SOCs are prepared with all the necessary information needed to support every argument in a claim.

Our lawyers can also help 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 civilian employment or to adapt to changing careers when their disabilities hinder their ability to pursue meaningful employment. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to do their job. This includes changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a national job placement and business training program that assists disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to gain employment. The five options include 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 if they require any accommodations in the hiring process, for example, more time to sit for a test or permission to provide verbal answers instead of written answers. But the ADA does not allow an employer to ask about a person's disability status unless the disability is obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to raise awareness and increase understanding of veterans' issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to obtain employment. To assist these veterans with their job search, the Department of Labor funds EARN which is a national source for information and assistance with job search. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. The ADA also restricts the information that employers can request about a person's medical history and prevents harassment or reprisals due to disability. The ADA defines disability as an illness that severely limits one or more essential activities of daily living, including hearing and seeing, walking, breathing. Standing, sitting and working, Veterans Disability as well as learning and learning, etc. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their duties. This is the case unless the accommodation creates unnecessary hardship to the contractor. This includes modifying the equipment, providing training and reassigning responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. For example when an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers electronic visual aids, Braille calculators and talking devices. If a person is unable to exercise physical dexterity, an employer should provide furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.