"Ask Me Anything:10 Answers To Your Questions About Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money frequently use their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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 the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to reimburse him for benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color Veterans Disability Law Firms than for white veterans disability attorneys.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans disability Law firms who have served our country in uniform or who accompany them require honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit filed 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 confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 thinking of appealing an appeal, it's important that you do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. The lawyer will also understand the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able work with medical experts to provide additional proof of your medical condition. For example an expert in medicine might be able prove that the pain you are experiencing is a result of your service-related injury and is causing impairment. They might be able assist you in getting the medical evidence you need to prove your claim.