The 10 Most Terrifying Things 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 earn money often rely on their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

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

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA compensate him for benefits that it has taken him out of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The veterans disability law firm 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 vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatizing memories through each application and re-application for benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court orally order the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for veterans disability lawsuits benefits if the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as fast as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer is able to examine the evidence used to support your claim and submit additional evidence, when needed. The lawyer will also understand the difficulties involved in dealing with the VA and can increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly characterized their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They may assist you get the medical records that are required to support your claim.