The 10 Most Scariest Things About 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 source of cash. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans disability lawyer by denying their disability claims at a rate which is much 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability Law firms Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to pay him back for benefits he has been deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites 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 truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks damages in the form of money and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied services at the rate of significantly more than white people. According to the lawsuit filed 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. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. If you're thinking of appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an invaluable advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They may also be able to help you obtain the medical records that are needed to support your claim.