10 Tips To Know About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability law firm by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for benefits that it has denied him and to amend their policies on race and discharge status as well as denial rates.

Last 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Veterans Disability Lawsuits Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied benefits at an rate that was much higher than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of veterans disability attorneys Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is compliant with all the requirements and you are given a fair 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. The lawyer will also understand the challenges involved in dealing with the VA and can increase the level of empathy for your situation. This can be a significant advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not properly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your situation. For instance medical experts might be able demonstrate that the pain you feel is due to your service-related injury and that it is disabling. They might also be able to help you obtain the medical records needed to support your claim.