Ask Me Anything: 10 Answers To Your Questions About Veterans Disability Attorney

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

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, 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 as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The veterans disability law firm Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than honourable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from creditors and family members in the case of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. 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 bias was systemic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's essential to do so as soon as possible. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A competent lawyer will review the evidence to support your claim and, should it be necessary, present new and additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstances. This could be a valuable advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly classified their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your health condition. For example an expert in medical practice could be able to prove that the pain you suffer is related to your service-connected injury and that it is disabling. They may also be able to assist you get the medical records required to support your claim.