4 Dirty Little Details About The Veterans Disability Attorney Industry

veterans disability attorney 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 cash cow. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes at cost.

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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to pay him back for benefits he was deprived of and to alter its policies on 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 which they filed 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 the claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color 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 lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and also to order the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve truthful information about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered 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 the discharge he received was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and pervasive, 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. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer also knows the challenges involved in dealing with the VA, and this can increase the level of empathy for the situation. This could be a valuable benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not correctly described their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your condition. For instance, a medical expert might be able prove that the pain you feel is a result of your service-connected injury and that it is causing disability. They might be able assist you in getting the medical records you require to support your claim.