10 Reasons You ll Need To Be Aware Of Veterans Disability Attorney

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed a number of people has won a major victory. However, it comes with a huge 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, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the agency to compensate him for benefits he was deprived of and to alter its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of 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 an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, Veterans Disability Lawsuits he received an unjust discharge that was not honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that 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 veterans' compensation from claims by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because there were two battles because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if needed, provide new and additional evidence. A lawyer will also know the challenges of dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a valuable advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able show that your pain is caused by your service-related injury and is debilitating. They may also be able assist you in getting the medical records you require to support your claim.