7 Simple Changes That ll Make The Difference With Your Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as others of black veterans disability attorney, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race, 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firms Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at a rate significantly higher 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. It claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence when needed. The lawyer will also be aware of the challenges of dealing with the VA and this could create a higher level of empathy for your situation. This can be a valuable benefit to your appeals.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't correctly described their condition. A qualified attorney can ensure that your condition is correctly classified and Veterans Disability Lawsuits rated, which will allow you to claim the benefits you require. A qualified lawyer will be able of working with medical experts to provide additional proof of your medical condition. For instance medical experts might be able prove that the pain you are experiencing is related to your service-connected injury and that it is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.