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 disabled veterans to make money frequently use their benefits. This is why you require an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the agency to compensate him for benefits he was deprived of and to change its policies regarding race as well as 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, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The veterans disability Lawsuit [Freemaple.today] Affairs Department systematically denies disability benefits to Black veterans disability lawyers, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories each time he applied and re-application, the suit claims.

The lawsuit seeks financial damages and seeks the court to require the VA to review 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

The veterans who have served our nation in uniform, or who accompany them require truthful information about the veterans disability compensation and its influence on the financial aspects of 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. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, however he received a discharge that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

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 important to appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer will also know the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This could be a great benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able prove that your pain is caused by your service-related injury and that it is disabling. They might also be able to assist you get the medical records that are required to support your claim.