What Do You Think Heck What Is Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has clinched a major victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He demands that the agency repay him for the benefits he has been deprived of and to amend 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 data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and 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 to 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 Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks financial compensation and Veterans Disability Lawsuits also asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than white peers. 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 deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as quickly as you can. A lawyer with experience in appeals for disabled veterans disability lawsuit can help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence and documentation should it be required. A lawyer will also know the difficulties of dealing with the VA and can create a higher level of empathy for your situation. This can be a significant benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-related injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to support your claim.