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 taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. But it comes at an expense.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to pay him back the benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans disability attorneys.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given 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 filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

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

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than white peers. The discrimination was racial and pervasive, according the lawsuit filed 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 failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

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 fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, if needed, provide new and additional proof. The lawyer will also understand the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This could be a great advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and Veterans Disability Lawsuits rated, allowing you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is disabled. They may also be able assist you in obtaining the medical records needed to support your claim.