"Ask Me Anything " 10 Responses 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 often use their benefits. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes at cost.

Class Action Settlement

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

Monk who is a retired psychiatric nurse, Veterans Disability Lawsuits says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He demands that the agency reimburse him for benefits that it has taken him out of and to change its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is 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 or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black veterans disability law firm disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and Veterans Disability Lawsuits 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to review systems-wide PTSD bias. This is the latest attempt 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

Those who served in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It 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 in the case of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. According to the lawsuit brought in 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. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit new and additional evidence should it be required. The lawyer will also understand the challenges of dealing with the VA, and this can increase the level of empathy for your circumstance. This can be an important asset in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your health condition. A medical professional, for example, may be able to demonstrate that your pain is a result of your service-related injury and is debilitating. They could be able to assist you in obtaining the medical records needed to prove your claim.