14 Smart Ways To Spend Your On Leftover Veterans Disability Attorney Budget

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. 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 higher rate than those of white veterans in 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 a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to compensate him for the benefits that it has denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans disability lawsuit from 2001 until 2020. The average denial rate for black veterans disability lawsuit was 6.3 percent higher than white veterans disability law firm.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get home loans, tuition assistance and 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 owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks financial compensation and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, veterans disability lawsuit transferring equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA and this could result in a greater degree of empathy for your situation. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional evidence of your health condition. A medical professional is one example. They may be able show that your pain is due to your service-related injury, and is disabling. They may be able to assist you in getting the medical records required to support your claim.