"The Ultimate Cheat Sheet For Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to make money often use their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes with a substantial cost.

Class Action Settlement

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

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He is requesting that the VA reimburse him for the 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 data through 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 revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than acceptable. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. The discrimination was racial and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your health condition. A medical professional for instance, might be able to prove that your pain is a result of your service-related injury and is debilitating. They could be able to assist you in getting the medical records required to support your claim.