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 exploit disabled veterans to make money often rely on their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes with an expense.

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 Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, Veterans Disability Lawsuits home life, employment, and education. He wants the agency to repay him for the benefits he was deprived of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and Veterans Disability Lawsuits re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and 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 conflict zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long, winding road.

He was denied access at a rate significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and it receives a fair hearing.

A licensed lawyer can review the evidence used to prove your claim and then submit new and additional evidence if necessary. The lawyer will also understand the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to work 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 disabled. They might also be able help you obtain the medical records required to prove your claim.