5 Laws Everyone Working In Veterans Disability Attorney Should Know

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (see here now)

Attorneys who exploit disabled veterans to earn money frequently use their benefits. You require an attorney who 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 with the cost of.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He wants the VA to reimburse him for benefits that it has denied him and to amend their policies on race, 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 that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to review the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then his discharge was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans disability attorneys similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, should it be required. A lawyer will also know the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your health condition. For instance an expert in medical practice might be able prove that the pain you experience is a result of your service-related injury and that it is causing impairment. They might also be able help you get the medical records required to support your claim.