The Most Pervasive Issues In 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. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has a huge victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He wants the VA to compensate him for the benefits it has not provided him, and to alter their policies on race, discharge status, and 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 filed on behalf of National flat rock veterans disability lawyer Council for Legal Redress and the Black colville veterans disability law firm Project. The results 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 black veterans was 6.3% higher than for white jackson veterans disability law firm.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, Colville Veterans Disability Law Firm even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at a much more frequent rate than his 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation when needed. The lawyer will also understand the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be a valuable asset 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 described their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your medical condition. A medical professional could, for instance, be able prove that your pain is due to your service-related injury and that it is debilitating. They may also be able to help you obtain the medical records required to prove your claim.