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 frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

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

Discrimination basing it on PTSD

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

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding route.

He was denied at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf 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 did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence to support your claim and, if needed, provide new and additional proof. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional proof of your health condition. For example an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and that it is causing disability. They could be able to assist you in getting the medical evidence you need to prove your claim.