What s The Ugly Truth About Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. You need an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as 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 over the past three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He demands that the agency repay him for the benefits he has been deprived of and to change 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 that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was eventually involved in two fights 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 the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories in each application and re-application, the suit claims.

The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from creditors and family members with the exception of child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was less than honorable due to the fact that he was battling two times 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 benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you are considering appealing a decision, it is essential to do so as soon as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical professional could, for instance, be able to prove that your pain is caused by your service-related injury and is in a way limiting. They may be able to assist you in getting the medical evidence you need to support your claim.