25 Surprising Facts About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, Veterans Disability Lawsuits to suffer in a way that has affected their health, home life and employment as well as education. He wants the agency to reimburse him for benefits that it has taken him out of and to amend its policies on race discharge status, 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans disability attorneys.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honourable. The "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 veterans disability lawsuits was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to look into the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous path.

He was denied benefits at a much higher rate than white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's important to appeal immediately. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able to work with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able to prove that your pain is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.