10 Quick Tips 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 taken advantage of by lawyers who use their benefits as a cash cow. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to pay him back for benefits it has deprived him of and to amend 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 last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans disability lawyer.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the veterans disability law firms Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join 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 battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application, the suit states.

The lawsuit seeks financial compensation and also asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long, winding route.

He was denied at an rate that was much higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could create a higher level of empathy for the situation. This can be an invaluable benefit in your appeals process.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your situation. For example, a medical expert might be able prove that the pain you experience is a result of your service-related injury and is causing you to be disabled. They may also be able help you obtain the medical records that are needed to support your claim.