The 10 Most Terrifying Things About Veterans Disability Attorney

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. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday 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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has taken him out of, and to modify its policies on race as well as 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 via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

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 veteran who was denied access to housing as well as education 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 denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf by the National veterans disability law firms Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing the decision, it is essential to do so as soon as you can. A lawyer who is experienced in appeals for veterans disability lawsuits disabled veterans can assist you in ensuring that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and if necessary, submit additional evidence. The lawyer will also be aware of the challenges of dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a significant asset in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical expert could, for Veterans Disability Lawsuits instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might assist you obtain the medical records that are required to prove your claim.