What NOT To Do In The Veterans Disability Attorney Industry

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often use their benefits. You should hire an attorney who is certified to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a 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. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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 impacted their health, home as well as their education, employment and home. He would like the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race, discharge status, and Veterans Disability Lawsuits denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 be granted the claim for disability than white veterans disability lawyers between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show 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 truck that was shot and helping to transport troops and equipment to battle zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and seeks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

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 swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A lawyer who is qualified will be able to review the evidence used to support your claim and submit additional evidence, when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice might be able prove that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may also be able to help you get the medical records that are required to prove your claim.