The 10 Most Scariest Things About Veterans Disability Attorney

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white Veterans Disability lawsuit during the past three decades.

Monk, an 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 or work and education. He wants the VA to compensate him for the benefits it has denied him, and to alter 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 via 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 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

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and asks the court to require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, Veterans Disability Lawsuit long, and winding path for him to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him 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 address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This can be a huge asset in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly characterized their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your situation. For example an expert in medicine may be able to show that the pain you suffer is a result of your service-related injury and that it is causing impairment. They might be able assist you in getting the medical records required to prove your claim.