10 Times You ll Have To Learn 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 exploited by attorneys who use their benefits to make a profit. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for the benefits it has denied him and to change their policies regarding race and discharge status as well as 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans 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 a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories in each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. This discrimination against blacks was widespread and widespread, according to 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 claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of veterans disability lawsuit Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing an agency decision, it's essential to do so immediately. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This could be a great benefit to your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will be able work with medical experts to provide additional proof of your medical condition. For example an expert in medicine may be able to show that the pain you feel is due to your service-related injury and is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.