5 Laws Everybody In Veterans Disability Attorney Should Know

Veterans Disability Lawsuits (Cs.Xuxingdianzikeji.Com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed a number of people has a huge victory. But it comes with a huge price tag.

Class Action Settlement

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

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to pay him back the benefits it has denied him and to change their policies on race, discharge status, and denial rates.

In the past year, Veterans Disability Lawsuits Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted 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 be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and also asks the court's order for 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 pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members in the case of alimony or 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 several medals, but later his discharge was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National veterans disability law firms Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans disability lawyers who are like him.

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. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A licensed lawyer can review the evidence that was used to support your claim and submit additional evidence if necessary. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able work with medical experts to provide additional proof of your medical condition. For example, a medical expert might be able prove that the pain you feel is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to prove your claim.