Veterans Disability Attorney: 10 Things I d Loved To Know Sooner

veterans disability lawsuits (look here) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes with a substantial 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, according to 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, 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 or work and education. Monk wants the VA to compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status and Veterans Disability Lawsuits 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military to rescind 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 significant emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and also to decide to require the VA to examine its the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher 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 racial discrimination was systemic and widespread. 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 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 soon as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly described their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. For Veterans Disability Lawsuits example medical experts might be able demonstrate that the pain you experience is related to your service-connected injury and that it is causing impairment. They may assist you obtain the medical records required to prove your claim.