Why Nobody Cares About Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for benefits he has been deprived of, and to modify its policies on race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans disability lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, Veterans Disability Lawsuit the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against 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 as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and also to require the VA to review systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous road.

He was denied services at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firms Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person 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 who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This can be a huge benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your condition. For veterans disability Lawsuit example, a medical expert might be able prove that the pain you suffer is a result of your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records that are required to support your claim.