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 disability lawyers with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has a huge victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He demands that the agency pay him back for benefits he was deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black Veterans disability lawsuit.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatizing memories in each application and re-application, the suit says.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic 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. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer who is qualified can examine the evidence that was used to prove your claim and then submit new and Veterans disability lawsuit additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great asset in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional for instance, might be able to prove that your pain is caused by the injury you sustained while working and is in a way limiting. They might also be able to help you obtain the medical records required to prove your claim.