Veterans Disability Attorney: The Good The Bad And The Ugly

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (Jejucordelia post to a company blog)

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal air carrier collision has won an important victory. However, it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records 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 greater rate than white veterans in the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He would like the VA to pay him back the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The veterans disability lawyers Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by an ex- 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 denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

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

The lawsuit is seeking monetary damages and wants the court decide to require the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors including child support and alimony.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and Veterans Disability Lawsuits troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Veterans Disability Lawsuits Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide new and additional evidence in the event of need. The lawyer will also understand the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your situation. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might be able assist you in getting the medical records required to support your claim.