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 taken advantage of by lawyers who use their benefits as a way to earn money. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. However, it comes at a price.

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, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA pay him back for benefits it has deprived him of and to change its policies regarding race discharge status, 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 that they submitted 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 likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not honorable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court decide to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups such as 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

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans disability attorneys with disabilities and their impact on divorce money issues. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous path.

He was denied benefits at an rate that was much 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 disability attorney Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

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. It is important to appeal a decision as soon as you are able. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal meets all requirements and it gets a fair hearing.

A lawyer who is qualified can review the evidence used to back your claim and provide additional evidence, should it be required. The lawyer will also understand the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a great asset in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly characterized their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. For instance medical experts might be able prove that the pain you experience is related to your service-connected injury and is causing disability. They may also be able assist you in getting the medical records you require to support your claim.