What s The Job Market For Veterans Disability Attorney Professionals Like

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

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

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans disability attorneys during the past three decades.

Monk, 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 as well as their education, employment and home. He wants the agency to pay him back for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability claim, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with every application for veterans disability compensation benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors, except for alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Veterans Disability Compensation Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit additional evidence. A lawyer will also know the challenges involved in dealing with the VA and could create a higher level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert is one example. They may be able to prove that your pain is caused by the injury you sustained while working and is disabled. They may also be able to assist you get the medical records required to support your claim.