Veterans Disability Attorney: The Ugly Truth 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 targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans disability claim in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims 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 as well as their employment and education. He wants the agency to compensate him for benefits that it has taken him out of and to amend its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National veterans disability compensation Council for Legal Redress and the Black veterans disability lawyers Project. The data revealed that Black veterans disability compensation were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during 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 that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans disability attorney (my website)' payments from claims by family members and creditors, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but then was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed in 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 veterans disability attorney widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit new and additional evidence if necessary. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstance. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you feel is related to your service-connected injury and that it is causing impairment. They could be able to assist you in getting the medical records you require to support your claim.