Why You Should Focus On Improving Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (click this)

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney that is certified to manage VA claims.

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

Class Action Settlement

The Department of veterans disability attorney Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. 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 via 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 likely 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 veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit states.

The lawsuit seeks financial compensation and also asks the court's order for the VA to review 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 end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult route.

He was denied benefits at a much higher rate than white counterparts. 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 and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

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 fast as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim, and when necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA and could create a higher level of empathy for your situation. This can be a huge benefit in your appeals process.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and is disabled. They might also be able to help you get the medical records that are required to prove your claim.