What Is Veterans Disability Attorney Heck What Is Veterans Disability Attorney

veterans disability attorneys disability lawsuits (kizkiuz.com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes at a price.

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits he was deprived of, and to modify its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which 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. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims made by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to decide to require the VA to review 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

People who have served their country in uniform or who are their companions deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than white counterparts. 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 claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an impartial hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence and documentation when needed. The lawyer will also be aware of the difficulties of dealing with the VA and could increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly described their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able show that your pain is due to your service-related injury and that it is disabling. They might also be able to help you get the medical records required to prove your claim.