The Most Prevalent Issues In Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He would like the VA to reimburse him for benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted 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 be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

The veterans disability law firm Affairs Department systematically denies disability benefits to Black Veterans Disability lawsuit, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of 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 bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge and was awarded a wide 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 trauma from reliving the most traumatic memories each time he applied and re-application, the suit says.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine its the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted 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 numerous medals, but then his discharge was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. The discrimination was racial and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. If you're considering appealing a decision, it is important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great benefit in your appeals.

A veteran's claim for disability 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 properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For example, a medical expert might be able demonstrate that the pain you suffer is related to your service-connected injury and that it is disabling. They might also be able to help you obtain the medical records required to prove your claim.