10 Things You Learned In Kindergarden To Help You Get Started With 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 earn profits often make use of their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that claimed the lives of dozens has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the 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 in the past three decades.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He wants the agency to compensate him for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans disproportionately.

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

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served in the military or 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 veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans disability attorneys' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

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

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a great benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will be able to work with medical specialists to provide additional proof of your medical condition. A medical professional for instance, might be able prove that your pain is due to the injury you sustained while working and is disabling. They might assist you get the medical records required to prove your claim.