What Is Veterans Disability Attorney Heck What Is Veterans Disability Attorney

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

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

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. However, 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 significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He would like the VA to compensate him for the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed 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 black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday 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, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories in each application and re-application, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or Veterans Disability Lawsuits those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at a much more frequent rate than his 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of veterans disability lawsuit Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence, should it be required. A lawyer will also know the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly classified their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your condition. For example an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able to help you obtain the medical records that are needed to support your claim.