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 way to earn money. This is the reason you need a attorney who is accredited 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 crash has won an important victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the 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. According to documents 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 past three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to pay him back the benefits that it has denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 likely to receive the right to claim disability benefits than white veterans between 2001 and 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 a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine its systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. 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 Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors, except for child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other Veterans Disability Law Firms similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A licensed lawyer can review the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer will also know the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be an important benefit to your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and is disabling. They may also be able assist you in obtaining the medical records needed to prove your claim.