5 Laws Anyone Working In Veterans Disability Attorney Should Be Aware Of

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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for the benefits they have denied him, and to alter their 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. This data showed that Black veterans were statistically less likely to be granted an appeal for disability 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 Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was not honorable as he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied access at an rate that was much higher 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, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit additional evidence. A lawyer will also know the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. For instance an expert in medicine might be able prove that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.