10 Quick Tips About Veterans Disability Attorney

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes at a price.

Class Action Settlement

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

Monk, a former psychiatric nurse, claims 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, employment, and education. He is requesting that the VA pay him back for benefits he was deprived of, and to modify its policies regarding race, 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. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, Veterans Disability Lawsuits and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and veterans Disability lawsuits Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans disability lawyers with disabilities and their impact on divorce-related money issues. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors including child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, 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 and did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeals

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

A lawyer who is qualified will be able to review the evidence used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your situation. For instance medical experts may be able to show that the pain you experience is related to your service-connected injury and that it is disabling. They might be able assist you in getting the medical evidence you need to prove your claim.