14 Savvy Ways To Spend Leftover Veterans Disability Attorney Budget

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won a major victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, 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 over the last three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for benefits that it has taken him out of, and to modify its 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 by way of Freedom of Information Act requests which they filed 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 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him 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 for benefits the suit says.

The lawsuit is seeking monetary damages and asks the court to order the VA to review systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand Veterans Disability Lawsuits the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at the rate of significantly more than white people. 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. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting 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 disagrees with a decision the agency has made. It is important to appeal a decision as fast as you are able. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and that it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and could create a higher level of understanding for your situation. This can be an important benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They might also be able to help you get the medical records that are needed to support your claim.