10 Things You Learned In Kindergarden That Will Help You Get 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 require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash which killed dozens has a huge victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans disability lawyers by denying their disability claims, at a rate that is much higher than white veterans disability lawyers. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for Veterans Disability Lawsuits the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans 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 the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial damages and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members in the case of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but then his discharge was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf 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 of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you are considering appealing the decision, it is crucial to file an appeal as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be a valuable benefit to your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly characterized their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They might be able assist you in getting the medical records required to support your claim.