The No. 1 Question Everyone Working In Veterans Disability Attorney Must Know How To Answer

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 way to earn money. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty price tag.

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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the agency to reimburse him for benefits he has been deprived of and to amend its policies on race, discharge status and denial rates.

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

PTSD Discrimination

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

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits 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 trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial compensation and asks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.

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

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. If you're thinking of appealing an appeal, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide new and additional evidence if necessary. A lawyer who knows the VA's challenges can be more understanding of your situation. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able to prove that your pain is caused by your service-related injury and is disabling. They could be able to assist you in getting the medical records you require to prove your claim.