The Most Pervasive Problems With Veterans Disability Attorney

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, Veterans Disability Lawsuit schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes with a significant cost.

Class Action Settlement

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

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.

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

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawsuit (prev), according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like 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

Those who have served our nation in uniform, or who accompany them require truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans disability lawyer' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at a rate significantly higher 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans disability legal like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as swiftly as you are able. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and when necessary, submit additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an invaluable advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They could be able to assist you in getting the medical records required to prove your claim.