Undeniable Proof That 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 frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for benefits it has denied him, and to modify 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 through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black veterans disability lawyers were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law firm, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories each time he applied and re-application, the suit states.

The lawsuit seeks damages in the form of money and asks the court to require 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 pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law contained 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, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was not honorable as he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied at an amount that was significantly higher than his white peers. According to the lawsuit filed in 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. It claims that the VA knew about and failed to address 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 examines claims for benefits when a claimant disagrees a decision made by the agency. If you're thinking of appealing a decision, it is important that you do so as soon as possible. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and if necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be an invaluable benefit in your appeals process.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your situation. For example medical experts could be able to prove that the pain you feel is a result of your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical records you require to support your claim.