Why You Should Concentrate On Making Improvements In Veterans Disability Attorney

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is the reason 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 disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort 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 nation in uniform and those who accompany them deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members, except for alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at a rate significantly higher 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, this racial discrimination was systemic and widespread. It alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

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 soon as you are able. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will also be able of working with medical experts to provide additional evidence of your condition. For example an expert in medical practice may be able to show that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They may assist you get the medical records that are required to prove your claim.