The No. Question Everybody Working In Veterans Disability Attorney Should Know How To Answer

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

Attorneys who exploit disabled veterans to make money frequently use their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans disability law firms in the past three decades.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA repay him for the benefits he was deprived of and to change its policies on race as well as 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans disability attorneys.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according 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. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an appeal, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of understanding for Veterans Disability Lawsuits your situation. This could be a great benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. For example, a medical expert might be able demonstrate that the pain you suffer is related to your service-connected injury and is causing disability. They may also be able help you get the medical records required to support your claim.