What NOT To Do In The Veterans Disability Attorney Industry

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

Attorneys who profit from disabled veterans disability attorneys to make profits often make use of their benefits. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as 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 psychiatrist, has claimed that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for benefits that it has 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 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 application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages, and wants the court's order for 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 force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members including alimony and child support.

Conley Monk, a devoted volunteer 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, however the discharge he received was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar 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 are able. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence, should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This could be a great benefit to your appeals.

One of the main reasons a veteran's disability claim is denied is because the agency has not properly characterized their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your situation. For example an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-related injury and is disabling. They may also be able assist you in getting the medical records you require to prove your claim.