Undeniable Proof That You Need Veterans Disability Attorney

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

Attorneys who profit from veterans disability litigation with disabilities to make profits often make use of their benefits. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He wants the VA to reimburse him for benefits they have denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two battles that he blamed on his PTSD. In 1971, Veterans Disability Compensation he was given a discharge that was less than honorable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He 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 severe emotional harm from reliving some of his most traumatizing memories with each application and re-application, the suit states.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by family members and creditors in the case of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans disability law. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of veterans disability attorneys 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 important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence, if necessary. A lawyer also knows the challenges of dealing with the VA and can create a higher level of empathy for your situation. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical professional, for example, may be able to demonstrate that your pain is due to your service-related injury and that it is in a way limiting. They may also be able assist you in getting the medical records required to support your claim.