The 10 Most Terrifying Things About 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 earn money frequently use their benefits. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate 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 in the last three decades.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He would like the VA to compensate him for the benefits they have denied him, and to modify 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 information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former 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 suggesting that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial compensation and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, as per 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. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans disability lawsuit. 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. It is essential to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a valuable advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your health condition. For instance medical experts might be able prove that the pain you are experiencing is related to your service-connected injury and is causing disability. They may also be able to assist you get the medical records that are required to prove your claim.