5 Laws Everyone 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 targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed a number of people has a huge victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans disability lawyers. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA repay him for the benefits he has been deprived of and to alter 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 past year as part of 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 receive a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for Veterans disability lawsuits white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This «bad paper» prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each and every application for veterans disability Lawsuits benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that state courts can garnish veterans’ VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans’ compensation from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firms Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as fast as you can. An experienced lawyer in veteran disability appeals will help you ensure that your appeal meets all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence to support your claim and, if necessary, submit new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able to demonstrate that your pain is due to your service-related injury and that it is in a way limiting. They may also be able assist you in getting the medical evidence you need to support your claim.