Why No One Cares About Veterans Disability Attorney

veterans disability claim 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 should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically 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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white Veterans Disability Law in the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA repay him for the benefits he has been deprived of, and to modify its policies regarding race as well as discharge status and 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 which they filed on behalf of National Veterans Council for Legal Redress, and veterans disability law the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans disability attorneys than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. 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 provides evidence that VA officials have historically disproportionately denied claims from Black veterans disability case.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This “bad paper” kept him from obtaining home loans, veterans disability law tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women’s Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require honest answers about 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 garnished to pay alimony or child support orders in state courts. It’s not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans’ payments from claims by family members and creditors in the case of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but then was discharged that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

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. If you’re thinking of appealing an agency decision, it’s important that you do so immediately. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer will also know the challenges involved in dealing with the VA and could create a higher level of empathy for the situation. This could be a great advantage in the appeals process.

One of the most frequent reasons a veteran’s disability claim can be denied is because the agency hasn’t correctly defined their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury, and is in a way limiting. They may be able to assist you in getting the medical records required to prove your claim.