14 Savvy Ways To Spend Extra Veterans Disability Attorney Budget

fridley veterans disability law firm 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 to make a profit. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate 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. He claims that VA has denied his disability claims at a much 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 psychiatrist, says that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back for Vimeo benefits he has been deprived of and to change 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 information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This “bad paper” did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to review systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans’ funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. If you’re thinking of appealing a decision, it is crucial to file an appeal immediately. A lawyer with experience in appeals to veterans’ disability cases can assist you in ensuring that your appeal meets all the requirements and it gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, if necessary, submit new and additional evidence. A lawyer also knows the challenges of dealing with the VA and this could increase the level of empathy for your situation. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your condition. A medical professional for instance, might be able prove that your pain is a result of the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical evidence you need to support your claim.