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

Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. 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, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Disability lawsuit Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during 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 who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm from reliving the most traumatic memories in each application and re-application to receive benefits, the suit states.

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

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds 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-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than his white peers. According to the lawsuit brought in his behalf by the National veterans disability lawsuit Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A licensed lawyer is able to examine the evidence that was used to support your claim and submit additional evidence, should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be a significant advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your medical condition. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury, and is debilitating. They may assist you get the medical records that are required to prove your claim.