Incontestable Evidence That You Need Veterans Disability Attorney

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner 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 the records obtained by Monk as well as 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 last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. He would like the VA to pay him back the benefits it has not provided him and to change their policies regarding race, 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 Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance and Veterans Disability Lawsuits other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and wants the court require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans disability lawyer may have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.

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 essential to appeal a decision as soon as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer who knows the VA's issues can be more understanding of your circumstance. This could be a great asset in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your health condition. For example an expert in medicine could be able to prove that the pain you suffer is due to your service-related injury and that it is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.