Some Of The Most Ingenious Things Happening With Veterans Disability Attorney

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes 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 modify their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, veterans Disability lawsuits which 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 the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on 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 vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

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

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors including child support and alimony.

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. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. 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 asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans disability lawyers.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence to support your claim, and should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstances. This can be a valuable benefit to your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able of working with medical specialists to provide additional evidence of your health condition. For example an expert in medicine might be able prove that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical evidence you need to prove your claim.