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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. 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, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, [empty] employment and home. He is requesting that the VA repay him for the benefits it has deprived him of, and to modify its policies regarding race as well as discharge status and denial rates.

Last 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 disability law firm Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

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

The lawsuit is seeking monetary damages and also to order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It 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 similar to him.

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 important to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal meets all the requirements and it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim and, if necessary, submit additional evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be an important benefit in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency has not correctly defined their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able to work with medical experts to provide additional evidence of your medical condition. For instance medical experts might be able prove that the pain you suffer is related to your service-connected injury and is causing disability. They might assist you obtain the medical records that are required to support your claim.