15 Veterans Disability Attorney Bloggers You Should Follow

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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much 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 greater rate than white veterans over the past three decades.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to compensate him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the veterans disability lawyer 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 receive an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to review systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He received several medals for his service, but was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according to 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

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 an agency decision, it's important to appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal complies with all the requirements and it gets a fair hearing.

A qualified lawyer will be able to review the evidence that was used to back your claim and provide additional evidence and documentation should it be required. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for the situation. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional, for example, may be able show that your pain is due to your service-related injury and that it is disabling. They might also be able help you get the medical records required to prove your claim.