10 Quick Tips 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 targeted by lawyers who make use of their benefits to make a profit. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. However, it comes with a huge 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, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans disability lawsuit over the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of 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. He wants the agency to pay him back for benefits he has been deprived of and to amend 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 last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to examine the 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 to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed 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 volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied access at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed 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 did not know about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. If you're considering appealing an agency decision, it's important to appeal as soon as you can. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal complies with all requirements and ensure that it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence, if necessary. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an important benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional proof of your situation. A medical professional for instance, might be able show that your pain is due to your service-related injury and is disabled. They might be able assist you in getting the medical records you require to prove your claim.