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 disabled veterans to earn money often rely on their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. Monk wants the VA to pay him back for benefits it has deprived him of and to change its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black veterans disability attorney Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability lawyers between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded 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 a lot of emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and asks the court to require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous road.

He was denied services at the rate of significantly more than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. If you're considering appealing an agency decision, it's important to appeal as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A licensed lawyer can review the evidence that was used to support your claim and submit new and additional evidence should it be required. The lawyer will also understand the challenges of dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a great advantage in the appeals process.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly characterized their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able to collaborate with medical specialists to provide additional proof of your condition. For example an expert in medicine may be able to show that the pain you feel 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 evidence you need to support your claim.