What The Heck What Is 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 make money often use their benefits. This is why you should hire an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes at an expense.
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 the lawsuit filed on Monday. 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 much greater rate than white veterans disability lawyers over the past three decades, according to the agency's records obtained by Monk and veterans Disability lawsuits the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for benefits it has denied him, and to alter 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 data via 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 a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans disability law firm.
Discrimination based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.
He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories each time he applied and re-application, the suit claims.
The lawsuit seeks financial damages and also to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
Those who have served our country in uniform or who accompany them require honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by creditors and family members including child support and alimony.
Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, Veterans Disability Lawsuits as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and winding route.
He was denied at the rate of significantly more than white people. 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like him.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.
A qualified lawyer is able to examine the evidence that was used to support your claim and submit additional evidence and documentation if necessary. A lawyer who knows the challenges of the VA will be more understanding of your circumstance. This could be a great advantage during your appeals procedure.
A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able show that the pain you are experiencing is due to your service-related injury and that it is debilitating. They might be able assist you in getting the medical records you require to support your claim.