5 Laws 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 exploit veterans with disabilities to make money often use their benefits. This is why you require an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed on 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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to reimburse him for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of 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% higher than for white veterans.

Discrimination is 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 a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and also asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National veterans disability attorneys Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in appeals for disabled veterans can assist you in ensuring 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 support your claim and submit additional evidence if necessary. The lawyer will also be aware of the difficulties of dealing with the VA, and this can result in a greater degree of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your situation. For instance, a medical expert may be able to show that the pain you feel is a result of your service-connected injury and that it is causing you to be disabled. They may also be able help you get the medical records needed to support your claim.