15 Up-And-Coming Trends About Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often use their benefits. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than 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, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for the benefits they have denied him and veterans disability Lawsuit to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of 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 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans Disability Lawsuit.

Discrimination in PTSD

According to a lawsuit filed 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 or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. 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 was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also to order the VA to examine its the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members with the exception of child support and alimony.

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

He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and pervasive, 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. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as fast as you are able. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present new and additional proof. A lawyer who knows the VA's issues can be more understanding of your circumstance. This could be a great benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to 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. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your situation. A medical expert, for example, may be able prove that the pain you are experiencing is due to your service-related injury and is disabled. They may also be able to help you get the medical records that are required to support your claim.