10 Things You ll Need To Be Educated About Veterans Disability Attorney

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted 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 prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths 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 designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members including alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A qualified lawyer will be able to review the evidence used to support your claim and submit new and additional evidence if necessary. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a huge asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly characterized their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your condition. A medical expert is one example. They may be able to prove that your pain is caused by your service-related injury and that it is disabled. They may assist you obtain the medical records that are required to support your claim.