Why No One Cares About Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to make money often rely on their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA to compensate him for benefits he was deprived of, and to modify its policies regarding race, 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. The data showed that Black Veterans were statistically less prone 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 percent higher than white huber heights veterans disability lawsuit.

Discrimination against PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. That “bad paper” kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks financial damages and also to order the VA to look into systems-wide PTSD bias. 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

People who have served their nation in uniform, or who accompany them deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can take away veterans’ VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans’ payments from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied at an amount that was 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. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A licensed lawyer can review the evidence used to support your claim and submit additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and can increase the level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

One of the primary reasons that a veteran’s claim for disability is rejected is because the agency hasn’t correctly described their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow 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. A medical professional, for example, may be able show that the pain you are experiencing is due to your service-related injury, and is debilitating. They might be able assist you in obtaining the medical records needed to prove your claim.