"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. This is why you need an attorney who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent 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, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits it has deprived him of and to alter its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made 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 be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal immediately. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA and this could increase the level of understanding for your situation. This could be a great advantage during your appeals procedure.

One of the main reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. An experienced attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your condition. For instance medical experts could be able to prove that the pain you feel is due to your service-related injury and that it is causing disability. They may also be able help you get the medical records required to support your claim.