How To Outsmart Your Boss On Veterans Disability Attorney

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in 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 greater rate than white veterans during the past three decades.

Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and veterans disability lawsuits employment. Monk wants the VA to reimburse him for benefits it has denied him and to change their policies on race and discharge status as well as 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 filed on behalf of the National Veterans Council for Legal Redress and Veterans Disability Lawsuits 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 disability law firm between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop 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 asserts that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence and documentation if necessary. The lawyer will also be aware of the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a great advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. For instance an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and that it is disabling. They might be able assist you in getting the medical evidence you need to prove your claim.