Veterans Disability Attorney: The Good The Bad And The Ugly

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash which killed dozens has been awarded a significant victory. However, Veterans disability Lawsuit it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability lawyers by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims 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 who is an psychiatric nurse who retired, 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 agency to reimburse him for benefits he was deprived of and to amend its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed 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 receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm from reliving some of his most painful memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about veterans disability law firms disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans disability Lawsuit' funds from claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however he received a discharge that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and Veterans Disability Lawsuit other veterans who are like Monk.

Appeals

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 considering appealing an appeal, it's crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This could be a great benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert might be able demonstrate that the pain you are experiencing is related to your service-connected injury and is causing impairment. They might be able assist you in obtaining the medical records needed to support your claim.