10 Mistaken Answers To Common Veterans Disability Attorney Questions: Do You Know The Right Answers

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veterans disability lawsuits (Freelegal link for more info) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money frequently use their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has won a major victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which 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 in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and Veterans Disability Lawsuits other black veterans to be affected in ways that have affected their health, home, employment and education. He wants the VA to compensate him for the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans Disability Lawsuits black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits 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 traumatic memories with each application and re-application, the suit says.

The lawsuit seeks financial damages and wants the court require the VA to review the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans disability lawyer. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstances. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able of working with medical experts to provide additional proof of your health condition. For example medical experts might be able prove that the pain you suffer is a result of your service-related injury and is disabling. They may also be able help you obtain the medical records that are required to prove your claim.