The Most Convincing Evidence That You Need Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to make money often use their benefits. You need an attorney who is certified to handle VA claims.

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

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to repay him for the benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status, and 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 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 veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than acceptable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks financial compensation, and Veterans disability lawsuits wants the court to direct 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 demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment against claims from family members and creditors including alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, however the discharge he received was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and pervasive, according to the lawsuit filed on his behalf 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 but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 crucial to appeal a decision as soon as you are able. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence, if necessary. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may also be able help you get the medical records required to support your claim.