The Most Pervasive Issues With 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. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to repay him for the benefits that it has taken him out of and to change 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 data last year via a Freedom of Information Act request that they made on behalf of National Veterans Disability Law Firms Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

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

The lawsuit seeks financial damages and seeks to have the court require the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans disability law firms' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was less than honorable due to the fact that the two battles he endured were 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 at the rate of significantly more than white people. This discrimination against Blacks was systematic 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. It claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal as soon as possible. An experienced lawyer in appeals for veterans disability law firm disability will help you ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your situation. For example an expert in medical practice could be able to prove that the pain you feel is a result of your service-connected injury and that it is disabling. They could be able to assist you in getting the medical records you require to support your claim.