Undisputed Proof You Need Veterans Disability Attorney

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. This is the reason 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 related to a deadly aircraft carrier collision has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to reimburse him for benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, according to a lawsuit filed Monday. The suit was filed by a former 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 points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" kept him from getting home loans as well as tuition aid 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 is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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

The veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members including child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Veterans Disability Lawsuits Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, Veterans disability lawsuits present additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your situation. This could be a great asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical expert is one example. They may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may also be able help you obtain the medical records needed to support your claim.