10 Tips To Know 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 targeted by lawyers who make use of their benefits as a source of cash. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for the benefits it has not provided him and to change their policies regarding race and discharge status as well as 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive some of his most painful memories in each application and re-application, the suit states.

The lawsuit seeks financial compensation and also asks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans disability lawsuit. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing a decision, it is essential to do so in the earliest time possible. An experienced lawyer in appeals for veterans disability can help ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an important advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly described their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your health condition. For example an expert in medical practice might be able prove that the pain you feel is a result of your service-connected injury and that it is causing disability. They might also be able to help you obtain the medical records that are required to prove your claim.