What NOT To Do In The Veterans Disability Attorney Industry

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies 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. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA pay him back for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans disability attorneys were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine the systemic PTSD bias. 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

veterans disability lawyers who have served our nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield Veterans Disability Law Firms' payment from claims made by creditors and family members in the case of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. The discrimination was racial and widespread, 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 claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer will also know the difficulties of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a great asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. For example medical experts may be able to show that the pain you feel is related to your service-connected injury and is causing disability. They might be able assist you in getting the medical records required to prove your claim.