5 Laws That Anyone Working 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 victimized by lawyers who use their benefits to make a profit. 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 issues related to a fatal aircraft carrier crash has won an important victory. However, it comes at an expense.

Class Action Settlement

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

Monk, a retired psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency repay him for the benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and also to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, classicalmusicmp3freedownload.com to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and widespread, as per 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 asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you're considering appealing the decision, it is important to appeal in the earliest time possible. An experienced lawyer in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A qualified lawyer can examine the evidence used to support your claim and submit additional evidence when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstances. This could be a great asset in your appeals process.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. For instance an expert in medicine could be able to prove that the pain you experience is a result of your service-connected injury and is disabling. They might also be able to help you obtain the medical records required to prove your claim.