The Most Pervasive Issues With 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 often rely on their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the past 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 work, education, and employment. Monk wants the VA to reimburse him for benefits they have denied him, and to modify their policies regarding race, 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against 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 an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, Vimeo driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine the systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members in the case of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then was discharged that was not honorable as there were two battles because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed in his behalf by the National green cove springs veterans disability lawsuit Council for Legal Redress at Yale Law School and the indiana veterans disability lawyer Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. If you are considering appealing an appeal, it's important to appeal as soon as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence if necessary. The lawyer will also understand the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you require. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your health condition. A medical expert is one example. They may be able to prove that your pain is caused by the injury you sustained while working and is debilitating. They may also be able assist you in obtaining the medical records needed to prove your claim.