10 Quick Tips On Veterans Disability Attorney

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has a huge victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability law firms, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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 impacted their health, home work, education and employment. Monk wants the VA to compensate him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks financial damages and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds 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 and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding journey.

He was denied at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. If you're considering appealing the decision, it is essential to do so as soon as possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and can increase the level of empathy for your situation. This could be a valuable advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't correctly characterized their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical expert could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical records you require to prove your claim.