How To Outsmart Your Boss Veterans Disability Attorney

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. But it comes with cost.

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans disability attorney than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, Veterans Disability lawsuits as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He 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. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims by family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a higher rate than white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans 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 important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and Veterans Disability Lawsuits receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim, and when necessary, submit additional and more convincing evidence. The lawyer will also be aware of the challenges of dealing with the VA and can create a higher level of understanding for your situation. This could be a great asset in your appeals.

One of the most common reasons a veteran's disability claim can be denied is because the agency hasn't properly defined their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A professional attorney will also be able work with medical experts to provide additional proof of your health condition. A medical professional for instance, might be able show that your pain is a result of your service-related injury and that it is disabled. They might also be able to help you get the medical records that are required to prove your claim.