The Ugly Facts About Veterans Disability Attorney

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

Attorneys who exploit veterans disability lawyer with disabilities to make money frequently use their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed a number of people has been awarded a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. Monk wants the VA to reimburse him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed 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 in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks to have the court require the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. The discrimination was racial and pervasive, according 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 suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

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. If you're thinking of appealing a decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence if necessary. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your situation. For example medical experts might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is causing impairment. They may be able to assist you in getting the medical records you require to prove your claim.