25 Surprising Facts About Veterans Disability Attorney

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 way to earn money. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

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

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He demands that the agency pay him back for benefits that it has taken him out of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black veterans disability lawyer were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued 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. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and asks the court to direct 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 victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

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. If you're considering appealing a decision, it is important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, present additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This could be a great advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency has not properly classified their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your health condition. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury and that it is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.