The Reasons You Shouldn t Think About Improving Your Veterans Disability Attorney

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the VA to pay him back the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black veterans disability law firm Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks 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 make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, Veterans Disability lawsuits who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding path.

He was denied at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing a decision, it is important that you do so as soon as possible. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA and could create a higher level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able show that your pain is a result of your service-related injury, and is disabling. They might also be able to help you obtain the medical records that are required to prove your claim.