10 Tips To Know About Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing 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. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the veterans disability Lawsuit Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawsuit Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than 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 was filed by an ex- Marine Corps vet who was denied housing or 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 was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on 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 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to order the VA to review systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, ought to 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 veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors including alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and arduous road.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, Veterans Disability lawsuit 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 suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be a significant asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury and is disabled. They may be able to assist you in getting the medical records you require to prove your claim.