What The Heck What Exactly Is Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability lawyers by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to pay him back the benefits it has denied him and to amend 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 past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the veterans disability lawyers Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories through each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt 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 victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members in the case of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher 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. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing an appeal, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A competent lawyer will review the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be a valuable benefit to your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. For instance an expert in medical practice may be able to show that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might also be able to assist you obtain the medical records that are required to support your claim.