15 Best Veterans Disability Attorney Bloggers You Must Follow

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is why you should hire an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

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

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans disability attorneys, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

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 veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

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

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm as he relived the most traumatic memories through each application and re-application for benefits, the suit claims.

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

Alimony Discrimination

Anyone who was 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 financial issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from family members and creditors including child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. The discrimination was racial and widespread, as per 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 did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of veterans disability attorneys Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as fast as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal meets all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence to support your claim, and should it be necessary, present new and additional evidence. A lawyer will also know the difficulties of dealing with the VA and this could increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For example medical experts may be able to show that the pain you experience is due to your service-related injury and is causing disability. They may also be able to assist you get the medical records needed to support your claim.