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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is why you need an attorney with the right qualifications to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much 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 over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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 affected their health, home as well as their education, employment and home. He is requesting that the VA compensate him for the benefits it has denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to 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 cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits, the suit claims.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort 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 victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans disability lawyer' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding path.

He was denied services at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and widespread, as per 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 address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans disability lawyers similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer will also know the challenges of dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a great advantage in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and that it is causing impairment. They might also be able help you get the medical records needed to support your claim.