Why You Should Concentrate On Making Improvements To Veterans Disability Attorney

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

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

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won an important victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to compensate him for benefits that it has taken him out of and to change its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made 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 be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans disability law firm.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for Veterans Disability Lawsuits him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. 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. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. If you're thinking of appealing the decision, it is important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A qualified lawyer can examine the evidence used to justify your claim and present additional evidence, when needed. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be a valuable advantage in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able prove that your pain is due to the injury you sustained while working and is debilitating. They might also be able to help you obtain the medical records required to support your claim.