Veterans Disability Attorney: 10 Things I d Loved To Know Earlier

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes with a substantial price tag.

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 is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back for benefits he was deprived of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim 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 based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" hindered him from receiving mortgages, Veterans Disability Lawsuits tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories each time he applied and re-application, the suit says.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans disability attorney' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops 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. The fight to get the VA to grant his claim for disability compensation was a long and winding journey.

He was denied at the rate of significantly more than white people. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit new and additional proof. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable benefit to your appeals.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able prove that your pain is a result of your service-related injury, and is disabled. They might assist you obtain the medical records that are required to support your claim.