The Ultimate Cheat Sheet For 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 to make money often rely on their benefits. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability attorney by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to pay him back for benefits that it has taken him out of and to amend 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 last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also to decide to require the VA to review 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 into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members with the exception of child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied services at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according 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 knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present new and additional evidence when needed. A lawyer also knows the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This could be a valuable benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able work with medical professionals to provide additional proof of your situation. For instance, a medical expert might be able demonstrate that the pain you suffer is a result of your service-connected injury and that it is causing disability. They might assist you obtain the medical records that are needed to support your claim.