10 Things You Learned In Kindergarden Which Will Aid You In Obtaining 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 as a cash cow. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. 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 more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the VA to reimburse him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the 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 veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought 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 previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to review systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer 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, but the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied services at a rate significantly higher than white people. This racial discrimination was systemic 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 alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstance. This can be a valuable benefit to your appeals.

One of the main reasons a veteran's disability claim is denied is because the agency hasn't correctly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is a result of the injury you sustained while working and is disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.