15 Hot Trends Coming Soon 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 taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA pay him back the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honourable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and wants the court decide to require 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 to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members including alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, according to 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 suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. If you're thinking of appealing a decision, it is important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is due to your service-related injury and that it is in a way limiting. They may also be able to assist you get the medical records required to support your claim.