Veterans Disability Attorney: The Good The Bad And The Ugly

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, it comes with a huge 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 a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in 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 in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to compensate him for the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

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

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive the most traumatic memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and asks the court to order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability lawsuit' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and ncsurobotics.org moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans disability litigation. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of veterans disability law Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important that you do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence should it be required. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will be able of working with medical experts to provide additional evidence of your health condition. A medical professional for instance, might be able show that your pain is a result of your service-related injury, and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.