What The Heck Is Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision which killed dozens has a huge victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back for benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firms Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatic memories each time he applied and re-application, the suit says.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer will also know the difficulties of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your health condition. For instance medical experts might be able demonstrate that the pain you feel is related to your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.