The 10 Scariest Things About Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in 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 during 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, home, employment and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race, 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 as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans disability lawsuit between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of 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 assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to look into 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 the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but then he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can examine the evidence that supports your claim and, if needed, provide additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This could be a great benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your health condition. A medical professional, for example, may be able to demonstrate that your pain is caused by your service-related injury, and is in a way limiting. They may assist you obtain the medical records that are needed to support your claim.