This Is The Ultimate Cheat Sheet For Veterans Disability Attorney

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 source of cash. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won a major victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records 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 much higher rate than white veterans over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits he was deprived of and to amend its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans Disability Lawsuit of color than for white veterans.

Discrimination based on 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 as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial compensation and asks the court's order for 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 force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by creditors and family members including alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate 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 asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A competent lawyer will review the evidence used to support your claim and, if needed, provide new and additional proof. The lawyer will also be aware of the challenges of dealing with the VA and can increase the level of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not properly described their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. For instance medical experts may be able to show that the pain you suffer is due to your service-related injury and is causing impairment. They may also be able assist you in obtaining the medical records needed to prove your claim.