Why No One 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 often exploited by attorneys who use their benefits as a cash cow. You need an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes with cost.
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 a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA reimburse him for the benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyer Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination basing it on PTSD
According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He sued the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors except for alimony or child support.
Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but the discharge he received was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long, winding journey.
He was denied benefits at a 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, this racial discrimination was systemic and widespread. It claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.
A qualified lawyer can examine the evidence used to support your claim and submit additional evidence, if necessary. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This could be a great benefit in your appeals process.
A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your condition. For instance medical experts could be able to prove that the pain you are experiencing is a result of your service-connected injury and that it is causing impairment. They could be able to assist you in obtaining the medical records needed to prove your claim.