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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is the reason you need an attorney with the right qualifications 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 that claimed the lives of dozens has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency pay him back for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans disability lawsuits of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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. If you are considering appealing the decision, it is essential to do so as soon as possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal meets all the requirements and it gets a fair hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present new and additional evidence should it be required. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your medical condition. For Veterans Disability Lawsuits example medical experts could be able to prove that the pain you experience is related to your service-connected injury and is disabling. They might also be able help you obtain the medical records needed to support your claim.