15 Best Veterans Disability Attorney Bloggers You Should Follow

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with an expense.

Class Action Settlement

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

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race, 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 submitted 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 an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on 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 decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and Veterans Disability Lawsuits 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 force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them need honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment against claims from creditors and family members, except for alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. According to the lawsuit filed on 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. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer with experience in appeals for disabled veterans disability law firm will help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not correctly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury, and is disabling. They might also be able to help you get the medical records required to support your claim.