15 Current Trends To Watch For Veterans Disability Attorney

veterans disability lawsuits (r126.realserver1.com) - 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. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has won a significant victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. Monk wants the VA to repay him for the benefits he has been deprived of, and to modify its policies regarding race, 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone 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 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 led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive some of his most painful memories with each application and re-application, the suit says.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous road.

He was denied benefits at a higher rate than his white peers. 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 discrimination was systemic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A lawyer with experience can look over the evidence to support your claim, and should it be necessary, present additional evidence. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medical practice may be able to show that the pain you experience is due to your service-related injury and that it is causing disability. They may also be able to assist you get the medical records needed to support your claim.