Why Nobody Cares About Veterans Disability Attorney

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

veterans disability lawyers with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you need an attorney who is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for the benefits that it has denied him and to amend their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability lawyer were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to stop 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 emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and wants the court order the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but then he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be a valuable benefit to your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly defined their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice could be able to prove that the pain you suffer is related to your service-connected injury and is causing disability. They might assist you get the medical records that are needed to support your claim.