Veterans Disability Attorney: The Good The Bad And The Ugly

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, quakertown veterans Disability lawyer is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or Quakertown veterans disability lawyer work and education. He wants the agency to compensate him for benefits he has been deprived of, and to modify its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white marion veterans disability attorney between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop 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 also claims that he was emotionally damaged by the repetition of his most painful experiences on each and every 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. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away gainesville veterans disability attorney' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by family members and creditors including child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but then was discharged that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per 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. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black durham veterans disability lawsuit. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of quakertown veterans disability lawyer Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be an invaluable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your health condition. For example, a medical expert may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They may also be able to assist you obtain the medical records that are needed to support your claim.