Ten Things You Need To Be Aware Of Veterans Disability Attorney

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you require a attorney who is accredited to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans Disability law firms during the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously rejected claims submitted by Black veterans disability lawyers in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and seeks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims brought by creditors and family members in the case of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied services at an amount that was significantly higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you are considering appealing the decision, it is crucial to file an appeal 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 requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you experience is related to your service-connected injury and is causing you to be disabled. They may also be able to help you get the medical records required to prove your claim.