Why Nobody Cares About Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability law firm Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney who is licensed to manage VA claims.

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

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.

Monk and lawsuit the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, lawsuit which they submitted on behalf of 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. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and also asks the court's order for the VA to review 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 to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. 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, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal complies with all the requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This can be a significant benefit to your appeals.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your medical condition. For example, a medical expert might be able prove that the pain you are experiencing is a result of your service-related injury and is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.