Why Nobody Cares About 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. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of veterans disability attorneys Affairs has systematically 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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as 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 during the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He wants the VA to reimburse him for benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. Monk 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" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims made by family members and creditors including alimony and child support.

Conley Monk was a volunteer 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 later his discharge was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him 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 but did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and it gets a fair hearing.

A licensed lawyer can review the evidence used to support your claim and submit additional evidence and documentation should it be required. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This could be a great benefit in your appeals.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional evidence of your situation. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might also be able to help you obtain the medical records that are required to support your claim.