Veterans Disability Attorney: The Good The Bad And The Ugly

veterans disability lawsuits (visit the next site) - 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 way to earn money. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA repay him for the benefits that it has taken him out of and to alter 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 in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits 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

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial damages and wants the court require the VA to look into the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him 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 address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of veterans disability attorney Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. If you are considering appealing an appeal, 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 is compliant with all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence to support your claim and, if needed, provide new and additional proof. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This can be a huge benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not properly characterized their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your condition. A medical professional could, for instance, be able to demonstrate that your pain is due to your service-related injury and is in a way limiting. They may be able to assist you in getting the medical records required to prove your claim.