10 Quick Tips 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. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. 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 much more frequent 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 psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He would like the VA to pay him back the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.

Last 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 that they made 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. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

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

Conley Monk volunteered 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 eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks to have the court require the VA to review the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments against claims from creditors and family members with the exception of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for Veterans disability lawsuits benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present new and additional evidence when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert, for Veterans Disability Lawsuits example, may be able to prove that your pain is due to your service-related injury and is debilitating. They may also be able help you get the medical records required to support your claim.