Undisputed Proof You Need 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 require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won a major victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans 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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of 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 from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for the benefits that it has denied him, and to alter 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 information through Freedom of Information Act requests which they submitted 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 receive a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans disability law firm was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also to order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like 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

People who have served their nation in uniform, or who accompany them require honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than 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 out of combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A competent lawyer will review the evidence used to prove your claim and, if needed, provide additional evidence. A lawyer also knows the challenges involved in dealing with the VA, and this can increase the level of empathy for your situation. This can be a valuable advantage in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able of working with medical experts to provide additional proof of your health condition. For example an expert in medicine could be able to prove that the pain you feel is due to your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical records you require to prove your claim.