Why No One Cares About 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 make money frequently use their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes with cost.

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 significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans disability lawyers to be affected in ways that have affected their health, home, employment and education. He wants the VA to reimburse him for the benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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 housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present new and additional evidence when needed. The lawyer will also be aware of the challenges involved in dealing with the VA and this could result in a greater degree of understanding for your situation. This can be an invaluable advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For veterans Disability lawsuits instance, a medical expert could be able to prove that the pain you suffer is a result of your service-related injury and is causing disability. They may also be able help you get the medical records that are required to support your claim.