4 Dirty Little Secrets About Veterans Disability Attorney Industry Veterans Disability Attorney Industry

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 use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a 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 more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and veterans disability Lawsuits others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to compensate him for the benefits it has not provided him and to change their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. 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 provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members, except for child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding path.

He was denied access at an rate that was much higher than white people. This discrimination against Blacks was systematic and widespread, as per 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 lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. 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 complies with all requirements and ensure that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This can be a huge advantage in the appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your situation. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury, and is disabled. They could be able to assist you in getting the medical records required to support your claim.