5 Laws Anybody 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 disabled veterans to earn profits often make use of their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and lawsuits the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He is requesting that the VA reimburse him for the benefits it has denied him, and to alter their policies regarding 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorney, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable 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 in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks financial compensation, and lawsuits wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to garnish 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 to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're considering appealing the decision, it is important to appeal as soon as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal meets all the requirements and it is heard in a fair manner.

A qualified lawyer will be able to review the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstance. This can be a huge advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your medical condition. For instance an expert in medical practice might be able prove that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They may assist you get the medical records required to prove your claim.