20 Interesting Quotes 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 exploited by attorneys who use their benefits to make a profit. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on 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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed 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, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Disability Law Firms Council for Legal Redress, and the Black Veterans Project. The data 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 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday that 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 disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot 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 received an unjust discharge that was less than honourable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional damage from having to relive the most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court orally order the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims made by creditors and family members including child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on his behalf by the National veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim and, if necessary, submit additional evidence. A lawyer who knows the VA's challenges can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. For example an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-connected injury and that it is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.