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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans disability attorneys in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed 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 receive an application for disability than white veterans between 2001 and 2020. In addition 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 Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability law firms. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed 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 combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application, the suit says.

The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied at the rate of significantly more than his white peers. 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 alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence if necessary. The lawyer will also understand the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a valuable asset in your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not properly characterized their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to get the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and that it is disabled. They could be able to assist you in getting the medical records you require to support your claim.