5 Laws That 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 (aragaon.net`s blog)

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He is requesting that the VA repay him for the benefits he was deprived of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied services at the rate of significantly more 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. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all requirements and ensure that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. A lawyer will also know the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be a significant benefit in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. A medical professional is one example. They may be able show that your pain is a result of your service-related injury, and is disabled. They may also be able assist you in getting the medical records required to prove your claim.