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 exploited by attorneys who use their benefits to make a profit. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old 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 greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA reimburse 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 data 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 as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans Disability lawsuit was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and also to decide to require the VA to look into the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or veterans Disability lawsuit alimony orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but his discharge was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic 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. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A qualified lawyer is able to examine the evidence that was used to back your claim and provide additional evidence, when needed. A lawyer will also know the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an important advantage in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't properly characterized their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able work with medical experts to provide additional proof of your condition. For instance an expert in medicine could be able to prove that the pain you experience is related to your service-connected injury and that it is causing disability. They may also be able assist you in obtaining the medical records needed to prove your claim.