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 veterans with disabilities to make money often rely on their benefits. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a 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. Monk claims 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 disability attorney Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for the benefits they have denied him, and to alter 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 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 revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine its the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge after he got involved in 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 lawsuits arduous route.

He was denied access at an rate that was much higher than white people. The discrimination was racial and pervasive, according to 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 suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A licensed lawyer can examine the evidence used to back your claim and provide additional evidence, when needed. A lawyer also knows the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be a huge asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical expert could, for instance, be able show that your pain is due to your service-related injury and is in a way limiting. They could be able to assist you in getting the medical records required to prove your claim.