The 10 Most Scariest Things About Veterans Disability Attorney

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

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. But it comes at a price.

Class Action Settlement

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

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA reimburse him for benefits they have denied him and to change their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the systemic PTSD bias. 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require honest answers regarding the benefits for veterans disability lawyers and their effect on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied services 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, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to confront decades-old 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 claimant is dissatisfied with an assessment made by the agency. If you are considering appealing an appeal, it's important that you do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence that supports your claim and, if needed, provide additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a valuable advantage in the appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will be able of working with medical experts to provide additional proof of your health condition. For example an expert in medicine could be able to prove that the pain you feel is related to your service-connected injury and is causing you to be disabled. They could be able to assist you in getting the medical records required to prove your claim.