The Most Worst Nightmare Concerning Veterans Disability Attorney Come To Life

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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday the Department of veterans disability law firm Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He demands that the agency compensate him for benefits it has deprived him of, and to modify its policies on race as well as discharge status and denial rates.

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

Discrimination in PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from creditors and family members with the exception 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, moving equipment and troops out of conflict zones. He was awarded numerous medals, but then was discharged that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide new and additional evidence if necessary. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstance. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They might also be able help you obtain the medical records that are required to prove your claim.