Why People Don t Care 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 money often rely on their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying 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. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate 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 by way of 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 an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and 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 significant emotional harm from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and also to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

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 crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be an important benefit to your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. For instance an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records needed to support your claim.