Veterans Disability Attorney 10 Things I Wish I d Known Earlier

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney that is certified to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to 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, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for the benefits it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is 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 to show that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each and every application for Lawsuits benefits.

The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims brought by creditors and family members, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is essential to do so immediately. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence, if necessary. The lawyer will also be aware of the difficulties of dealing with the VA and can create a higher level of understanding for your situation. This can be an important benefit in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly classified their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and is debilitating. They might assist you obtain the medical records needed to support your claim.