How To Beat Your Boss On Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a 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. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA to pay him back for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans disability lawsuit (read this blog post from aragaon.net) were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed 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, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not honourable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and also to decide to require the VA to examine its systemic 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 the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than his white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit filed 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 was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. If you're considering appealing a decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and should it be necessary, present new and additional proof. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. For example an expert in medicine might be able prove that the pain you suffer is a result of your service-connected injury and is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.