The 10 Most Scariest Things About Veterans Disability Attorney

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

veterans disability litigation with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. 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 more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and other black veterans disability case [moved here], to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits it has denied him, and to modify their policies on race, 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 filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability claim Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for veterans disability case his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

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 crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit additional evidence should it be required. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This can be an important asset in your appeals.

One of the most common reasons a veteran's disability claim is denied is due to the agency has not properly characterized their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your health condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to support your claim.