15 Trends To Watch In The New Year Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash which killed dozens has won a major victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a 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 in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency pay him back for benefits that it has taken him out of, and to modify its policies on race discharge status, discharge status, and denial rates.

Last 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 results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even 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 signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and seeks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require 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 garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however the discharge he received was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. It was a long, 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 counterparts. According to the lawsuit filed on his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you're thinking of appealing the decision, it is important to appeal as soon as possible. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.

A competent lawyer will review the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and this could result in a greater degree of empathy for the situation. This can be a valuable advantage in your appeals.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your condition. A medical professional, for example, may be able prove that your pain is due to the injury you sustained while working and is debilitating. They may also be able assist you in getting the medical records you require to prove your claim.