10 Apps That Can Help You Manage Your Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (northerngraceyouthcamp.org)

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You need an attorney that is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and 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 in the past three decades.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He wants the VA to reimburse him for the benefits it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability attorney Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve honest answers regarding the disability benefits of veterans disability attorneys and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and Veterans Disability Lawsuits troops out of conflict zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a higher rate than his white peers. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you are considering appealing a decision, it is important to appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and should it be necessary, present additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and can create a higher level of understanding for your situation. This can be a valuable advantage in your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly defined their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your situation. For instance, a medical expert might be able prove that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They might be able assist you in getting the medical records required to support your claim.