10 Things You Learned In Preschool That Can Help You In Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. However, it comes at a price.

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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits it has not provided him and to amend 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 prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans disability attorneys.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. 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 to show that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm from reliving the most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks monetary damages and wants the court orally order the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers about the benefits for veterans and their effect on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and veterans disability Lawsuits the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. If you are considering appealing an agency decision, it's important to appeal in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal is in line with all requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and can increase the level of empathy for your situation. This could be a great benefit in your appeals process.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able of working with medical specialists to provide additional proof of your medical condition. For example an expert in medicine might be able prove that the pain you experience is due to your service-related injury and is causing disability. They may also be able assist you in getting the medical records required to prove your claim.