What NOT To Do When It Comes To The Veterans Disability Attorney Industry

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft 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 refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old 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 over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives work, education, and lawsuit employment. He wants the agency to compensate him for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and denial rates.

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

Discrimination is based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for lawsuit decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" hindered him from receiving 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. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to review systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, 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 biggest misconceptions is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call 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 numerous medals for 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. His battle for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It 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.

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. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A lawyer who is qualified is able to examine the evidence used to back your claim and provide additional evidence in the event of need. A lawyer also knows the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your situation. For example medical experts could be able to prove that the pain you feel is a result of your service-connected injury and is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to support your claim.