Why Nobody Cares About Veterans Disability Attorney

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has won a significant victory. However, it comes with a huge 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 in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 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

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and seeks to have the court require the VA to examine the systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous path.

He was denied access at an rate that was much higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans disability law firm. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing the decision, it is essential to do so as soon as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation when needed. The lawyer will also understand the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great advantage in the appeals process.

One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't correctly classified their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional proof of your medical condition. For example medical experts might be able prove that the pain you are experiencing is a result of your service-related injury and is disabling. They may assist you get the medical records needed to support your claim.