Why Veterans Disability Attorney Doesn t Matter To Anyone

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black Veterans Disability Lawsuit by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School veterans disability law firm Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits it has deprived him of and to amend its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of 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. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories in each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and asks the court to order the VA to examine the systemic PTSD bias. It is the latest move 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 victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members in the case of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. This discrimination against blacks was widespread 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. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of veterans disability lawsuit Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim and, if necessary, submit additional evidence. A lawyer who is knowledgeable about the VA's issues can be more understanding of your situation. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your health condition. For example, a medical expert may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.