Why Nobody Cares About Veterans Disability Attorney

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Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a hefty price tag.

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 significantly higher than white veterans. 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. Monk wants the VA to repay him for the benefits it has deprived him of, and to modify its policies regarding race discharge status, Veterans Disability Lawsuits discharge status, and denial rates.

Monk and the veterans disability law firms Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly 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 unmarked transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks financial damages and also to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law 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, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

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 the decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury and Veterans Disability Lawsuits is disabled. They could be able to assist you in getting the medical records required to prove your claim.