"The Ultimate Cheat Sheet" For 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 need an attorney that is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a price.

Class Action Settlement

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

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA pay him back the benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for veterans of color than for 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 a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and 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

People who have served their nation in uniform, or who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans disability law firms. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important that you do so immediately. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A lawyer who is qualified can examine the evidence used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer also knows the challenges involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be a huge benefit in your appeals process.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will be able to consult with medical experts to provide additional proof of your medical condition. A medical expert, veterans Disability lawsuits for example, may be able to prove that your pain is a result of your service-related injury, and is in a way limiting. They may assist you obtain the medical records required to support your claim.