25 Unexpected Facts About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to make money often rely on their benefits. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won a major victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that 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 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 over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories with each application and Veterans Disability Lawsuits re-application to receive benefits, the suit says.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors including 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 for his service, but was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied access at a rate significantly higher than white people. The discrimination was racial and pervasive, according to the lawsuit filed on behalf of him by the National veterans disability law firm Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing an appeal, it's essential to do so as soon as you can. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and should it be necessary, present additional evidence. The lawyer will also understand the challenges involved in dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your health condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and that it is disabling. They might assist you obtain the medical records that are needed to support your claim.