10 Things You Learned In Kindergarden They ll Help You Understand Veterans Disability Attorney

Veterans 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 way to earn money. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won an important victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He is requesting that the VA compensate him for benefits he has been deprived of and to amend 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 information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by creditors and family members including alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied at the rate of significantly more than his 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 discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans disability attorneys.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. If you are considering appealing an appeal, it's crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstance. This could be a great asset in your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't properly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your health 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 that it is disabled. They might be able assist you in getting the medical evidence you need to support your claim.