What The Heck Is Veterans Disability Attorney

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

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

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old 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 VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for the benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades 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 biggest misconceptions is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however his discharge was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to 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 and failed to confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA's Board of zeeland veterans disability lawsuit Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing the decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A competent lawyer will review the evidence to support your claim, and should it be necessary, present new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is debilitating. They might assist you obtain the medical records that are needed to support your claim.