"Ask Me Anything": Ten Answers To Your Questions About Veterans Disability Attorney

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly 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 Disability lawsuit (artrecord.kr) 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, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the agency to pay him back for benefits he has been deprived of and to alter 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 information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial compensation and asks the court's order for 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 make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied at an amount that was significantly higher than white people. This discrimination against blacks was widespread and widespread, as per 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. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A licensed lawyer can review the evidence that was used to justify your claim and present additional evidence if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This could be a valuable benefit in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. A medical professional could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and that it is disabled. They could be able to assist you in getting the medical records required to support your claim.