Your Worst Nightmare About Veterans Disability Attorney Relived

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

Attorneys who profit from disabled veterans to make money frequently use their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision which killed dozens has a huge victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans disability lawyers in denying their disability claims in a manner that is much 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

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

The lawsuit seeks monetary damages and asks the court to order the VA to examine the systemic PTSD bias. This is the latest attempt by groups like 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

Those who have served our country in uniform or who are their companions deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may 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 in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like 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. If you're thinking of appealing a decision, it is essential to do so as soon as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all requirements and it gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide new and additional evidence. A lawyer who knows the VA's issues can be more understanding of your circumstances. This could be a great benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury and that it is disabled. They might be able assist you in getting the medical records you require to support your claim.