The Most Underrated Companies To Follow In The Veterans Disability Attorney Industry

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 source of cash. This is why you require a attorney who is accredited to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records 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 higher rate than white veterans disability lawsuit during the last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He demands that the agency pay him back for benefits that it has taken him out of and to amend its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories each time he applied and re-application, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to review systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law 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. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. According to the lawsuit filed in 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. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of veterans disability attorney Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as soon as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA and can increase the level of understanding for your situation. This can be a valuable benefit in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance, a medical expert might be able prove that the pain you are experiencing is due to your service-related injury and that it is causing disability. They may also be able assist you in getting the medical records required to support your claim.