The Ugly Reality About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to earn money frequently use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, 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, a retired psychiatric nurse, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency reimburse him for benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates.

Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans disability lawyers from 2001 until 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm from reliving some of his most painful memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and wants the court orally order the VA to examine the systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members with the exception of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because 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 access at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA Board of veterans disability law firm Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as you can. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence should it be required. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your condition. A medical professional, for example, may be able to prove that your pain is due to your service-related injury, and is disabling. They could be able to assist you in getting the medical records you require to prove your claim.