5 Laws Everyone Working In Veterans Disability Attorney Should Be Aware Of

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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability lawyers Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He is requesting that the VA pay him back the benefits it has denied him and to amend their policies on 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 information 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 showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and also to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans disability lawyers' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer will also know the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is debilitating. They might assist you get the medical records that are needed to support your claim.