15 Veterans Disability Attorney Bloggers You Should Follow

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 why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. But it comes at an expense.

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 Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatrist, says 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 as well as their employment and education. He would like the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the veterans disability law firms Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, Attorneys which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed 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 veterans of color 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 the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied services at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and widespread, 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 suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be a significant advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and is causing disability. They may also be able to help you obtain the medical records needed to support your claim.