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 frequently victimized by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that 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 collision has won an important victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans disability law firm by denying their disability claims in a manner 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. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He would like the VA to compensate him for the benefits it has denied him, and to modify their policies regarding 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories through each application and re-application, the suit claims.

The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or Lawyers those who accompany them deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a much greater rate than his white peers. The discrimination was racial and widespread, as per 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. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as fast as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal meets all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level of empathy for your situation. This can be a huge asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able to prove that your pain is a result of your service-related injury, and is in a way limiting. They could be able to assist you in getting the medical evidence you need to prove your claim.