25 Surprising 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 victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes at the cost of.

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, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by 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 demands that the agency repay him for the benefits it has deprived him of, and to modify its policies regarding race, discharge status and denial rates.

Monk and Lawsuits the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability attorney. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for lawsuits past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied at a rate significantly higher than his white peers. This discrimination against Blacks was systematic 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 alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is important to appeal immediately. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence and documentation in the event of need. A lawyer who understands the VA's issues can be more understanding of your situation. This could be a great benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. For instance an expert in medicine might be able demonstrate that the pain you are experiencing is due to your service-related injury and that it is causing disability. They may assist you get the medical records that are required to prove your claim.