10 Quick Tips About Veterans Disability Attorney

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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old 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 VA denied his disability claim at a greater rate than white veterans disability legal in the past three decades.

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National veterans disability law Council for veterans Disability attorney Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to order 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 address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans disability legal' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims made by creditors and family members in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

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 thinking of appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in appeals for disabled veterans disability attorney (link home) will help you ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit new and additional evidence in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA and this could lead to a greater level of understanding for your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your condition. A medical expert is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is debilitating. They may also be able to help you get the medical records required to prove your claim.