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 exploited by attorneys who use their benefits to make a profit. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions 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 that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He would like the VA to pay him back the benefits they have denied 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 that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for 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 led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine the systemic PTSD bias. It is the latest effort by groups such as 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 were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. 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. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A qualified lawyer can review the evidence used to prove your claim and, if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This could be a great asset in your appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is disabling. They may also be able to help you obtain the medical records that are needed to support your claim.