7 Simple Changes That Will Make A Huge Difference In Your Veterans Disability Attorney

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes with the cost of.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans disability law firms in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He would like the VA to pay him back the benefits they have denied him and to amend their policies on race and discharge status as well as 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, 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 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 being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans disability attorneys.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial compensation and also asks the court to require the VA to examine 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 into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who 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 biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at an rate that was much higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A competent lawyer will review the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer who knows the challenges of the VA will be more understanding of your situation. This can be a significant benefit in your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. A medical professional is one example. They may be able prove that your pain is a result of your service-related injury and is debilitating. They may also be able assist you in obtaining the medical records needed to support your claim.