Undeniable Proof That You Need Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has won a significant victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for benefits he was deprived of and to alter its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from getting mortgages, tuition assistance 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. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National veterans disability lawyer Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision 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 gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be an invaluable asset in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional proof of your health condition. A medical professional could, for instance, be able prove that your pain is a result of your service-related injury, and is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.