The Most Prevalent Issues In Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes with a huge cost.

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 on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He is requesting that the VA pay him back the benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.

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

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for Veterans Disability Lawsuits his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and asks the court to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding the benefits for Veterans Disability Lawsuits veterans and their influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans disability from claims made by creditors and family members in the case of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present new and additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of understanding for your situation. This can be a huge asset in your appeals process.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may also be able to assist you obtain the medical records that are needed to support your claim.