10 Tips To Know About Veterans Disability Attorney

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 cash cow. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won a major victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a 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. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to reimburse him for the benefits they have denied him and to amend their policies regarding race and attorneys discharge status as well as denial rates.

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

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and wants the court order the VA to examine its systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in 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. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than his white peers. This racial discrimination was systemic 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. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important to appeal in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim, attorneys and if needed, provide additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could increase the level of empathy for the situation. This could be a great advantage in your appeals.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional evidence of your situation. For example an expert in medicine may be able to show that the pain you experience is a result of your service-connected injury and is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.