What NOT To Do In The Veterans Disability Attorney Industry

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate 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. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused 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 compensate him for the benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 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 disability lawsuit, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not honorable. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most painful memories in each application and re-application, the suit says.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but he received a discharge that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is essential to do so as soon as possible. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit additional evidence. The lawyer will also understand the challenges involved in dealing with the VA, and this can increase the level of empathy for your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able show that your pain is a result of your service-related injury, and is debilitating. They might also be able to help you obtain the medical records required to support your claim.