The Most Pervasive Issues In Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a 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 much more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He wants the VA to pay him back the benefits it has not provided him and to amend their policies on 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and Veterans Disability Lawsuits 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 some of his most painful memories in each application and re-application, the suit claims.

The lawsuit seeks financial damages, and wants the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans disability lawsuit can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress has 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 in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present new and additional evidence if necessary. A lawyer who knows the VA's issues can be more understanding of your circumstances. This can be an important advantage in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your health condition. For example, a medical expert may be able to show that the pain you experience is due to your service-related injury and is causing you to be disabled. They might also be able to help you obtain the medical records that are required to support your claim.