What s The Current Job Market For Veterans Disability Attorney Professionals

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 source of cash. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has won a significant victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans disability lawyers by refusing 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 that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans disability lawsuit to be affected in ways that have impacted their health, home, employment and education. He is requesting that the VA compensate him for the benefits they have denied him and to amend their policies on 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 data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members with the exception of alimony and child support.

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

He was denied services at the rate of significantly more than his white peers. This discrimination against blacks was widespread and widespread, 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. It asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing an appeal, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a valuable asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medicine could be able to prove that the pain you are experiencing is due to your service-related injury and is disabling. They may also be able help you obtain the medical records that are required to prove your claim.