25 Amazing Facts About Veterans Disability Attorney

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won an important 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 at a rate which is significantly 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 records 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 in the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for benefits he was deprived of and to alter 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 information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black veterans disability attorneys Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than an honorable. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied access at the rate of significantly more than white people. 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 racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and could increase the level of understanding for your situation. This could be a valuable benefit in your appeals process.

One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your condition. A medical expert for instance, might 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 that are needed to support your claim.