5 Laws Everybody In Veterans Disability Attorney Should Know

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits he has been deprived of and to amend its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black veterans disability attorney were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most painful memories each time he applied and re-application, the suit says.

The lawsuit seeks monetary damages and asks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing an appeal, it's important that you do so as soon as possible. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim, and should it be necessary, present new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be a huge asset in your appeals process.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, forum.altaycoins.com giving you to receive the benefits you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your situation. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabled. They could be able to assist you in getting the medical records required to support your claim.