"Ask Me Anything " 10 Answers 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 exploited by attorneys who use their benefits as a way to earn money. This is the reason you need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes with the cost of.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and Veterans disability lawsuits other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to pay him back for benefits that it has taken him out of and to alter its 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 information through Freedom of Information Act requests that they made 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 from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.
Discrimination basing it on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.
The lawsuit seeks financial compensation and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.
Alimony Discrimination
Anyone who was in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans disability attorney with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.
Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white peers. According to the lawsuit filed 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. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.
A qualified lawyer can review the evidence to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This could be a great benefit to your appeals.
One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able show that the pain you are experiencing is due to your service-related injury and is debilitating. They might be able assist you in getting the medical records required to support your claim.
