Why Nobody Cares About Veterans Disability Attorney
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much 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. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.
Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.
In the past 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.
Discrimination due to PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.
Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.
He sued the military to reverse the discharge and received a full range of benefits in 2015 and 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 the most traumatic memories each time he applied and re-application, the suit says.
The lawsuit seeks financial damages and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.
Alimony Discrimination
Those who have served our country in uniform or those who accompany them deserve truthful answers regarding the benefits for veterans and their effect on money issues in 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 is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members except for alimony or child support.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.
He was denied at a rate significantly higher than white people. The discrimination was racial and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.
A qualified lawyer can review the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer who understands the VA's issues can be more understanding of your situation. This could be a valuable benefit in your appeals process.
A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert might be able prove that the pain you feel is related to your service-connected injury and is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.