The Reasons You Shouldn t Think About Improving Your Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that claimed the lives of dozens has a huge victory. However, it comes with a huge 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 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. Monk claims that VA has denied his disability claims at a much higher rate than those of 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 retired psychiatrist, says that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to compensate him for benefits that it has taken him out of and to alter its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the veterans disability law firms Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional harm by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this discrimination against blacks was systematic 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 justice for Monk and similar veterans.

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 the decision, it is essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an impartial hearing.

A qualified lawyer can review the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your situation. This could be a great asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical expert, for example, may be able to prove that your pain is due to the injury you sustained while working and is disabled. They may also be able assist you in obtaining the medical records needed to support your claim.