"The Ultimate Cheat Sheet For 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 rely on their benefits. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won an important victory. However, it comes with the cost of.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans disability lawsuit by denying their disability claims at a rate which is significantly 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. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans disability law firm than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and asks the court to require the VA to review systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and Veterans Disability Lawsuits troops out of conflict zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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

A competent lawyer will review the evidence used to prove your claim, and if needed, provide new and additional evidence. A lawyer will also know the challenges of dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be a significant asset in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert, for example, may be able show that your pain is due to your service-related injury and that it is debilitating. They might also be able help you get the medical records required to prove your claim.