The Most Convincing Evidence That You Need Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (site)

veterans disability attorney with disabilities are often exploited by attorneys who use their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA repay him for the benefits it has deprived him of, and to modify its policies on race discharge status, 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 an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans 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 and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. If you're considering appealing the decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim, and should it be necessary, present new and additional proof. A lawyer will also know the challenges of dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury, and is in a way limiting. They might also be able to help you get the medical records needed to support your claim.