5 Laws That Anyone Working In Veterans Disability Attorney Should Know

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

Attorneys who profit from disabled veterans to make money frequently use their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with a huge price tag.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He wants the VA to pay him back the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of 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 claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but was discharged that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long, winding route.

He was denied services at an amount that was significantly higher than white people. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him by the National veterans disability Lawsuit Council for Legal Redress and the veterans disability attorney 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 redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A qualified lawyer can review the evidence used to prove your claim, and if necessary, submit new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of empathy for your situation. This can be a valuable benefit in your appeals.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency has not correctly defined their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able to prove that your pain is a result of your service-related injury and that it is in a way limiting. They might assist you obtain the medical records required to prove your claim.