Veterans Disability Attorney: The Good The Bad And The Ugly

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 source of cash. You require an attorney who is certified to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He demands that the agency compensate him for benefits he was deprived of, and to modify its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black veterans disability attorneys were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and veterans disability attorney 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court order the VA to look into systems-wide PTSD bias. It is the latest move 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

Those who have served our nation in uniform, or who accompany them deserve truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors including alimony and child support.

Conley Monk, a devoted 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 several medals for his service, but was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit new and additional proof. A lawyer will also know the challenges involved in dealing with the VA and Veterans Disability Attorney this could increase the level of empathy for your situation. This can be an important asset in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabled. They might also be able help you get the medical records required to prove your claim.