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 (mediawiki.volunteersguild.org`s latest blog post)

Attorneys who exploit disabled veterans to make money often use their benefits. You need an attorney who is licensed to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He wants the VA to reimburse him for benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 revealed that Black veterans disability law firm were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application, the suit states.

The lawsuit seeks financial damages, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, veterans disability lawsuits this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans disability lawyer.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present additional evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified attorney will be able work with medical professionals to provide additional proof of your medical condition. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may also be able assist you in getting the medical evidence you need to prove your claim.