The Ugly Real Truth Of Veterans Disability Attorney

veterans disability law firm Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you need an attorney with the right qualifications to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies on race discharge status, discharge status, and 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 which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results 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 based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks financial damages and wants the court orally order the VA to review systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for lawsuits Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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 Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly classified their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance, a medical expert might be able prove that the pain you are experiencing is due to your service-related injury and is causing disability. They may also be able to help you obtain the medical records needed to support your claim.