15 Hot Trends Coming Soon About Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney that is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He wants the agency to compensate him for benefits it has deprived him of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National veterans disability attorney 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 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.

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

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a 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 several medals, but then the discharge he received was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf 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 did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA's Board of veterans disability law firms Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence if necessary. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be a huge advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medicine might be able demonstrate that the pain you feel is a result of your service-connected injury and is causing impairment. They might also be able to help you obtain the medical records that are required to support your claim.