"Ask Me Anything": Ten Responses To Your Questions About 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 to make a profit. You need an attorney that is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. However, it comes at the cost of.
Class Action Settlement
According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a retired psychiatrist, says that discrimination from VA has led him, Veterans Disability Lawsuit and other black veterans Disability lawsuit, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.
Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed 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 percent higher than white veterans disability law firms.
Discrimination in PTSD
According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.
He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional damage from having to relive some of his most traumatic memories through each application and re-application to receive benefits, the suit claims.
The lawsuit seeks financial damages, and wants the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by creditors and family members, except for child support and alimony.
Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but was discharged that was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at the rate of significantly more than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.
Appeals
The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you are considering appealing the decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.
A qualified lawyer can review the evidence used to justify your claim and present new and additional evidence when needed. A lawyer also knows the difficulties involved in dealing with the VA and Veterans Disability Lawsuit could result in a greater degree of understanding for your situation. This can be a valuable asset in your appeals.
A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your medical condition. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and that it is debilitating. They might also be able to assist you obtain the medical records needed to support your claim.