"Ask Me Anything:10 Responses To Your Questions About Veterans Disability Attorney

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 the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision that claimed the lives of dozens has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing 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. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. Monk wants the VA to pay him back for benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of 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 black veterans than it was for white veterans.

Discrimination basing it on PTSD

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

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court orally order the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans disability attorney' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

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 the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer is able to examine the evidence that was used to support your claim and submit additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and can increase the level of empathy for the situation. This can be a valuable advantage in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly characterized their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A professional 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 to demonstrate that your pain is a result of the injury you sustained while working and is in a way limiting. They may assist you obtain the medical records that are required to support your claim.