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

Attorneys who profit from disabled veterans to make money frequently use their benefits. You should hire an attorney who is certified to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability attorneys by refusing disability compensation claims at a 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. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives work, veterans Disability Lawsuits education, and employment. Monk wants the VA to pay him back the benefits that it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops 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 less than acceptable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial compensation and seeks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied benefits at a rate significantly higher than his white peers. 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, this racial bias was systemic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to 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're considering appealing an agency decision, it's essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a significant asset in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will be able work with medical professionals to provide additional evidence of your medical condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is due to your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to prove your claim.