The Most Worst Nightmare Concerning Veterans Disability Attorney Get Real

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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. But it comes with cost.

Class Action Settlement

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

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He is requesting that the VA pay him back the benefits it has denied him and to change their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted 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 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, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and wants the court orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed in his behalf by the National veterans disability lawyers Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice 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. It is important to appeal a decision as fast as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence if necessary. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant asset in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury and that it is debilitating. They could be able to assist you in getting the medical records required to prove your claim.