The No. Question That Everyone 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 (news)

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

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He would like the VA to pay him back the benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National veterans disability law firms Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or Veterans Disability Lawsuits accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but later his discharge was less than honorable because there were two battles because of a post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and Veterans Disability Lawsuits other veterans.

Appeal

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. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A qualified lawyer can examine the evidence used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This can be a significant benefit 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 properly defined their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your medical condition. A medical expert, for example, may be able prove that your pain is due to your service-related injury and is disabled. They may assist you obtain the medical records required to prove your claim.