Why Veterans Disability Attorney Doesn t Matter To Anyone

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 often use their benefits. You require an attorney who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, 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 during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to documents 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 to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies regarding 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 data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than 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 a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving 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 range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to review the systemic 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 long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or Veterans Disability Lawsuits were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. If you're thinking of appealing the decision, it is crucial to file an appeal as soon as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal meets all the requirements and that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This could be a great benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly characterized their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-connected injury and that it is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.