What Is The Heck What Exactly Is Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed a number of people has a huge victory. But it comes with a hefty 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 Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits they have denied him, and to alter 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 via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black veterans disability lawsuit Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

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

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors, except for alimony and child support.

Conley Monk, who volunteered 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 several medals, veterans Disability lawsuits but then his discharge was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans disability law firms was systematic and widespread. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present new and additional evidence should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA and could result in a greater degree of empathy for the situation. This can be a significant asset in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. An experienced attorney will be able work with medical professionals to provide additional proof of your situation. For instance medical experts might be able demonstrate that the pain you are experiencing is a result of your service-connected injury and is causing disability. They might also be able to assist you obtain the medical records that are required to prove your claim.