25 Surprising Facts About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans disability attorneys to earn money often rely on their benefits. You need an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly 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. He claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA compensate him for benefits he has been deprived of, and to modify 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 via 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 showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans disability law firm from 2001 until 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of 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 claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and also to orally order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied at an amount that was significantly higher than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you're considering appealing an agency decision, it's important to appeal in the earliest time possible. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim, and veterans disability lawsuits if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your health condition. For instance medical experts might be able demonstrate that the pain you are experiencing is related to your service-connected injury and is causing you to be disabled. They might also be able help you obtain the medical records needed to support your claim.