7 Small Changes You Can Make That ll Make The Difference With Your Veterans Disability Attorney

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes at cost.

Class Action Settlement

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

Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. Monk wants the VA to repay him for the benefits he was deprived of and to amend its 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and seeks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members with the exception of child support and alimony.

Conley Monk, who volunteered 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, but he received a discharge that was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and can create a higher level of empathy for your circumstance. This can be an important asset in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able to prove that your pain is a result of the injury you sustained while working and is disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.