The Most Pervasive Issues In Veterans Disability Attorney

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 to make a profit. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans. 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 much more frequent rate than white veterans in 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 the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the VA to reimburse him for benefits that it has 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 in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the veterans disability law firm Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans Disability lawsuit.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A competent lawyer will review the evidence used to prove your claim, and if necessary, submit new and additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstances. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They might also be able to help you get the medical records required to support your claim.