What NOT To Do In 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 often victimized by lawyers who use their benefits as a way to earn money. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents 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 higher rate than white veterans in the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans disability lawsuit of color was 6.3 percent higher than white Veterans disability lawsuit.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Veterans Disability Lawsuit Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous path.

He was denied at an rate that was much 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. The lawsuit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is important to appeal a decision as fast as you are able. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence and documentation if necessary. The lawyer will also be aware of the challenges of dealing with the VA and could create a higher level of empathy for your situation. This can be an invaluable benefit in your appeals process.

One of the most common reasons a veteran's disability claim 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 the benefits you deserve. A qualified lawyer will be able to work with medical specialists to provide additional proof of your situation. For instance an expert in medicine could be able to prove that the pain you feel is related to your service-connected injury and that it is disabling. They may also be able assist you in getting the medical records required to prove your claim.