Students in this clinic advocate for veterans across various contexts to ensure they receive the care and benefits they deserve. They practice skills such as client and witness interviewing, legal research, writing, and negotiating.
An employer may not discriminate against a veteran with a disability in hiring, promotion, training, pay, job assignments, or other terms and conditions of employment. The ADA also prohibits employers from asking about a veteran’s medical history.
Legal Advice
Legal advice is a detailed interpretation of law concerning specific circumstances. It is distinct from legal information, which encompasses general knowledge and understanding of law and how it applies in various cases. Legal advice requires a lawyer to examine the law about a particular situation and its impact on a person’s legal liberties and obligations.
Many veterans are eligible for disability compensation and free or low-cost medical treatment. However, the system is complex, and navigating it can be confusing or overwhelming. VA disability attorney near you knows the laws and regulations that apply to veterans and can untangle any issues a veteran may encounter.
Many claims are denied by the VA for several reasons, from missing paperwork to being unable to prove that a service-related injury or illness is severe enough to qualify for benefits. An experienced veterans disability attorney can help navigate this process and assist with appealing a denial to the Board of Veterans’ Appeals.
Documentation
A lawyer can help you prepare and submit the necessary paperwork for a disability claim. Getting it right can speed up the process and increase your chances of approval. It can also minimize the risk of being denied.
For example, the SSA form requires detailed medical documentation supporting your claims of an illness or injury you sustained in active service. Your claim will be delayed or rejected unless you provide the necessary information.
The ADA prohibits companies from discriminating against employees based on their disability. The legislation defines disability as a mental or physical impairment significantly limiting a major living activity. It includes conditions such as PTSD, depression, and anxiety. It also covers a variety of physical impairments like missing limbs and vision loss. You may also be eligible for SSI or SSDI in addition to, or instead of, VA disability benefits.
Appeals
Appeals are the legal process that allows a person or party to ask a higher court (called an appeal or circuit court) to review a decision made in a lower trial court or other administrative agency because they believe there were mistakes in the case. The person filing the appeal is called an appellant, and the person against whom it is filed is known as an appellee.
When the appellate court receives an appeal, each side will file a brief explaining why the judges should decide that they are right. The briefs cite legal authorities, like statutes, rules, and cases. Often, the judges will decide the case by hearing oral arguments.
The attorneys representing both sides will each be given 15 or fewer minutes to present their arguments to the judges. Depending on the case, the court may issue a decision that reverses or affirms the trial court’s ruling.
Legal Representation
If the VA denies a disability claim, a lawyer can help you appeal the decision. From submitting a Notice of Disagreement to the final procedures of a direct appeal before the Board of Veterans Appeals, a veterans disability attorney will guide you throughout the appeals process.
These professionals are highly trained in the law and regulations that govern the VA system, and they can help you obtain additional medical evidence and present it at hearings before review officers or veteran law judges. A skilled legal advocate can also ensure you receive the highest possible disability rating and the earliest effective date to which you are entitled.
Getting proper benefits can be difficult, especially when it is necessary to establish a service connection for a mental or physical condition such as PTSD or back injuries. Veterans disability lawyers are familiar with the VA claims process. They can help you build a strong case by analyzing your medical records, consulting with doctors, and obtaining specialized evidence, such as a vocational expert.
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