The No. One Question That Everyone Working In Veterans Disability Attorney Needs To Know How To Answer

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of veterans disability law firms Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a 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 much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that the 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. He wants the VA to compensate him for the benefits it has not provided him, and to modify their 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. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional harm as he relived some of his most painful memories with each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and asks the court to order the VA to examine the the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. 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, this racial bias was systemic and widespread. 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 other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence used to support your claim and, if necessary, submit new and additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstance. This can be a significant benefit in your appeals.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your situation. For instance medical experts might be able prove that the pain you suffer is due to your service-related injury and is disabling. They may also be able help you get the medical records required to support your claim.