The Most Prevalent Issues In Veterans Disability Attorney

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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has won an important victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans disability attorneys. 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 and 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 during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.

In the past 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability lawyer were statistically less likely to be granted an appeal for veterans disability Lawsuits disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most painful memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous road.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. If you're considering appealing the decision, it is important to appeal in the earliest time possible. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence, if necessary. A lawyer will also know the difficulties of dealing with the VA and can result in a greater degree of empathy for your circumstance. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is often denied because 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 that you deserve. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your condition. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is disabling. They may also be able to assist you get the medical records that are required to prove your claim.