The 10 Scariest Things About Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and Veterans Disability Lawsuits other black vets to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of 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 from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawyers, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation, and wants the court's order for 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 pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims brought by creditors and family members including alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a higher rate than white peers. The discrimination was racial 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 alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

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

A lawyer with experience can look over the evidence used to support your claim, and should it be necessary, present new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of understanding for your situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and Veterans Disability Lawsuits rated correctly, thus granting you the benefits you deserve. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your health condition. For instance an expert in medicine may be able to show that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They may also be able assist you in getting the medical records you require to support your claim.