Why Nobody Cares About Veterans Disability Attorney

veterans disability lawsuits, my latest blog post, - 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. You need an attorney that is licensed 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 clinched a major victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He wants the agency to compensate him for benefits he was deprived of and to amend its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans disability law firm of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

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

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

Appeal

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. It is essential to appeal a decision as fast as you are able. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This could be a great benefit in your appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is disabling. They may also be able help you get the medical records required to prove your claim.