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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies 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. According to records obtained by Monk as well as the Yale Law School veterans Disability Lawsuit Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back for benefits he has been deprived of, and to modify its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for 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 led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine the the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require truthful answers regarding 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 alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, however the discharge he received was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at the rate of significantly more than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence and documentation in the event of need. The lawyer will also understand the difficulties of dealing with the VA and can lead to a greater level of understanding for your situation. This can be an invaluable benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert for instance, might be able show that your pain is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records required to support your claim.