5 Laws Everybody In Veterans Disability Attorney Should Be Aware Of

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He would like the VA to reimburse him for benefits that it has denied him, and to modify 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 data through Freedom of Information Act requests, which they filed 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 receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans disability Law Firms in adisproportionate way.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and seeks to have the court order the VA to look into systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members in the case of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, veterans Disability law firms moving equipment and troops out of conflict zones. He received several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than white counterparts. The discrimination was racial and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a significant advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly classified their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical specialists to provide additional proof of your medical condition. For instance an expert in medicine might be able prove that the pain you are experiencing is a result of your service-connected injury and is disabling. They may also be able to help you get the medical records that are needed to support your claim.