10 Quick Tips About Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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 impacted their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits it has not provided him, and to modify their policies regarding race, discharge status, and 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. The data revealed that Black veterans were statistically less likely to receive a disability claim 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

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied services at an rate that was much higher than his white peers. 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. It claims that the VA knew 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 Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. A medical professional could, for instance, be able to prove that your pain is caused by your service-related injury and is debilitating. They may also be able to help you get the medical records that are required to support your claim.