What Is The Heck What Exactly Is Veterans Disability Attorney

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering 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 systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA compensate him for benefits it has deprived him of and to alter its policies regarding race as well as 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 via Freedom of Information Act requests which they submitted 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 an application 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 in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability attorney. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but he received a discharge that was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied at an rate that was much higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. If you are considering appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A licensed lawyer is able to examine the evidence used to back your claim and Veterans Disability lawsuits provide additional evidence, when needed. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will also be able work with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice might be able demonstrate that the pain you are experiencing is related to your service-connected injury and that it is disabling. They may be able to assist you in getting the medical records required to prove your claim.