Ten Things You Need To Be Aware Of 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 as a source of cash. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a significant victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed 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 a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans disability law firms in the last three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and wants the court order the VA to examine its systemic PTSD bias. 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 victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by family members and creditors with the exception of child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old 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 disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A competent lawyer will review the evidence to support your claim and, if necessary, submit new and additional evidence. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of empathy for the situation. This could be a great asset in your appeals.

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. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will be able to work with medical experts to provide additional evidence of your situation. For example an expert in medicine may be able to show that the pain you experience is due to your service-related injury and is disabling. They might also be able help you obtain the medical records required to prove your claim.