The History Of Veterans Disability Attorney

veterans disability lawsuits (see this page) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. 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 higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He demands that the agency reimburse him for benefits it has deprived him of and veterans disability lawsuits to change its policies regarding 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 last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans disability attorney between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on 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, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by 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. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors including child support and alimony.

Conley Monk, who was 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 received several medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

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 are considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A qualified lawyer is able to examine the evidence that was used to back your claim and provide additional evidence, should it be required. The lawyer will also understand the challenges of dealing with the VA and could increase the level of empathy for your circumstance. This could be a great asset in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, Veterans Disability Lawsuits which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your condition. For example an expert in medicine could be able to prove that the pain you experience is a result of your service-related injury and is causing disability. They might be able assist you in getting the medical records you require to support your claim.