The No. Question That Everyone In Veterans Disability Attorney Should Be Able To Answer

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits [relevant internet site]

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that killed dozens of people has a huge victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of veterans disability law firm Affairs discriminates against Black veterans by denying their disability claims, at a rate 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. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He demands that the agency compensate him for benefits he was deprived of, and to modify its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, Veterans Disability Lawsuits as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and also to orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans disability attorney can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as quickly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be an invaluable asset 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 will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to work with medical experts to provide additional evidence of your medical 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 that it is causing you to be disabled. They could be able to assist you in getting the medical records required to support your claim.