What The Heck What Is Veterans Disability Attorney

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

veterans disability attorney with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of veterans disability attorneys Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. 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 discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He demands that the agency repay him for the benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and Lawsuits the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 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 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 as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm as he relived the most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several 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 battle to get the VA to grant his claim for disability compensation was a long and winding route.

He was denied benefits at a higher rate than his white counterparts. This racial discrimination was systemic and widespread, according to 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 suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

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 are considering appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional proof. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This could be a great benefit to your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is disabling. They might assist you get the medical records required to prove your claim.