The 10 Scariest Things About Veterans Disability Attorney

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

Veterans Disability Law Firm with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than 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, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies regarding 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members including alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans disability lawsuit. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer who understands the VA's issues can be more understanding of your circumstances. This can be an important benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able to prove that your pain is due to your service-related injury, and is disabling. They may assist you get the medical records that are required to support your claim.