5 Laws Everybody In Veterans Disability Attorney Should Know

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed 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 greater rate than white veterans during the last three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for the benefits that 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 information through Freedom of Information Act requests which they submitted on behalf of the 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 from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The veterans disability lawsuit Affairs Department systematically denies disability benefits to Black veterans disability attorneys, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. The "bad paper" hindered him from receiving home loans, tuition assistance 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 is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and also to order the VA to review the systemic PTSD bias. This is the latest initiative 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

People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, however he received a discharge that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a higher rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's essential to do so as soon as possible. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal complies with all requirements and it is heard in a fair manner.

A licensed lawyer can review the evidence used to prove your claim and then submit additional evidence, in the event of need. The lawyer will also be aware of the challenges involved in dealing with the VA, and this can increase the level of empathy for your situation. This can be an important advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your condition. For instance medical experts might be able demonstrate that the pain you are experiencing is related to your service-connected injury and that it is disabling. They may assist you get the medical records that are required to support your claim.