10 Top Mobile Apps For Veterans Disability Attorney

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has a huge victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back for benefits he was deprived of and to change its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and the veterans disability law firms 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. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but then was discharged that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding route.

He was denied access at an rate that was much higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you are considering appealing an appeal, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer will also know the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your situation. This could be a valuable advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly described their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. An experienced attorney will be able work with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able to demonstrate that your pain is caused by the injury you sustained while working and is disabled. They might assist you get the medical records that are required to support your claim.