"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 exploit disabled veterans to make money frequently use their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability attorneys, as per the lawsuit filed on Monday. 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 the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for benefits they have denied him, and to modify their policies on 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 made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that courts in the state can garnish veterans disability law firms' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was not a prestigious one because there were two battles 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 the rate of significantly more than white people. This racial discrimination was systemic and widespread, as per 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 confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit new and additional evidence if necessary. A lawyer also knows the challenges involved in dealing with the VA and could increase the level of empathy for the situation. This could be a great asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly described their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able to work with medical experts to provide additional proof of your situation. For instance, a medical expert might be able demonstrate that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.