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 exploited by attorneys who use their benefits to make a profit. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA compensate him for the benefits they have denied him, and to alter 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 in the last year, thanks to 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 were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve truthful information about veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members, except for child support and alimony.

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, but then his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans disability lawyers.

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. If you are considering appealing an appeal, it's crucial to file an appeal as soon as possible. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and ensure that it is heard in a fair manner.

A lawyer who is qualified can examine the evidence used to prove your claim and then submit additional evidence and documentation when needed. The lawyer will also be aware of the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a great benefit to your appeals.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. A qualified attorney will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert is one example. They may be able prove that your pain is a result of the injury you sustained while working and is disabled. They may also be able assist you in getting the medical records required to support your claim.