What Are The Reasons You Should Be Focusing On Making Improvements In 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 often use their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed a number of people has won a significant victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans disability lawyers. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents 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, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back for benefits it has deprived him of and to change its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawyer Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

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

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers about the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors including alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're thinking of appealing the decision, it is essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an impartial hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This could be a great advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your situation. For instance an expert in medical practice might be able prove that the pain you suffer is due to your service-related injury and that it is causing impairment. They may be able to assist you in obtaining the medical records needed to support your claim.