Why No One Cares About Veterans Disability Attorney

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old 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 much higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for the benefits they have denied him, and to alter their policies on race, discharge status, and 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans disability attorneys from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but he received a discharge that was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a greater rate than his white counterparts. This racial discrimination was systemic and pervasive, according 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 did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of veterans disability attorney Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence used to prove your claim, and if necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This can be an invaluable asset in your appeals process.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not properly described their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. An experienced attorney will be able work 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 disabled. They might also be able help you obtain the medical records needed to support your claim.