Ten Apps To Help Control Your 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 often rely on their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. But it comes at 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 that is much higher than white veterans disability attorneys. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for Veterans disability lawsuits the benefits it has not provided 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The veterans disability attorneys Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims made by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

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

The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on 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 asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence and documentation should it be required. The lawyer will also understand the challenges of dealing with the VA and this could create a higher level of empathy for your circumstance. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert could, for instance, be able show that your pain is a result of your service-related injury, and is disabling. They might also be able to assist you obtain the medical records that are required to prove your claim.