15 Veterans Disability Attorney Bloggers You Must Follow

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

Attorneys who profit from disabled veterans disability law firms to make money often rely on their benefits. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of 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, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the agency to reimburse him for benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the 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 attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

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

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. 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, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's essential to do so as soon as possible. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This can be a huge asset in your appeals process.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. For example medical experts could be able to prove that the pain you feel is related to your service-connected injury and that it is causing impairment. They could be able to assist you in getting the medical records required to support your claim.