10 Quick Tips About Veterans Disability Attorney

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 as a way to earn money. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has a huge victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 higher rate than white veterans in the last three decades.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to reimburse him for the benefits it has denied him and to change their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money, and wants the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans Disability lawsuit' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on 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 suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. It is essential to appeal a decision as soon as you can. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be an important benefit to your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified attorney will also be able work with medical experts to provide additional evidence of your condition. For instance, a medical expert may be able to show that the pain you feel is a result of your service-connected injury and that it is causing you to be disabled. They might also be able to help you get the medical records required to support your claim.