Why Nobody Cares About Veterans Disability Attorney

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. You should hire an attorney who is certified to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to reimburse him for benefits he was deprived of and to alter its policies regarding race discharge status, 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 disability lawyers 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 between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money, and wants the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and veterans disability Lawsuits Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions 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 has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied at a rate significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought 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 knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

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

A qualified lawyer can review the evidence that supports your claim, and if necessary, submit new and additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your situation. This could be a great advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you feel is due to your service-related injury and that it is causing disability. They may also be able to assist you obtain the medical records that are required to support your claim.