14 Smart Ways To Spend Your Left-Over 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 exploited by attorneys who use their benefits to make a profit. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with cost.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He demands that the agency pay him back for benefits that it has taken him out of and to change its policies regarding race discharge status, 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans disability attorney may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding route.

He was denied services at the rate of significantly more 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black Veterans disability lawsuit. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence, should it be required. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be an invaluable advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency has not properly classified their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to consult with medical experts to provide additional proof of your condition. For instance an expert in medicine might be able prove that the pain you suffer is related to your service-connected injury and is causing impairment. They might be able assist you in getting the medical records you require to support your claim.