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 often taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that claimed the lives of dozens has a huge victory. However, it comes at an expense.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of veterans disability lawyers Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.
Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for benefits that it has taken him out of, and to modify 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.
He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories with each application and re-application for benefits the suit states.
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 attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.
Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.
He was denied at a rate significantly higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Disability Lawsuit (Highwave.Kr) Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.
A licensed lawyer can examine the evidence to support your claim and, if necessary, submit additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your situation. This could be a valuable advantage in the appeals process.
One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your health condition. For instance medical experts might be able prove that the pain you experience is due to your service-related injury and is causing impairment. They may be able to assist you in getting the medical records you require to support your claim.