Why Nobody Cares About 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. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans disability lawyer to be affected in ways that have impacted their health, homes or work and education. He demands that the agency pay him back for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and 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 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 likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for Veterans Disability Lawsuits veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks financial compensation and also asks the court to require the VA to review 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 into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from creditors and family members in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied services at an amount that was significantly 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 failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence that supports your claim, and if needed, provide additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This can be an important benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your situation. For example an expert in medicine might be able prove that the pain you feel is a result of your service-connected injury and that it is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to support your claim.