10 Apps To Help Control Your Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He is requesting that the VA reimburse him for benefits they have denied him and to amend their policies on race, discharge status, and denial rates.

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

PTSD Discrimination

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and Veterans Disability lawsuits equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories with each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort 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

People who have served their nation in uniform, or who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members in the case of alimony and child support.

Conley Monk, a 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, however the discharge he received was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 fast as you can. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you suffer is related to your service-connected injury and is causing disability. They might also be able to assist you get the medical records that are required to prove your claim.