Veterans Disability Attorney: 10 Things I d Loved To Know In The Past

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

Attorneys who exploit disabled veterans to make money often use their benefits. You should hire 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 claimed the lives of dozens has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for benefits it has deprived him of and to amend its policies on race as well as 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. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories with each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and also to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as 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

People who have served their nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

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

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer will also know the difficulties of dealing with the VA, veterans disability lawsuits and this can increase the level of understanding for your situation. This can be a valuable asset in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not properly characterized their condition. A lawyer who is experienced can ensure 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 professionals to provide additional proof of your health condition. A medical professional for instance, might be able prove that your pain is caused by your service-related injury, and is debilitating. They might also be able help you get the medical records that are required to prove your claim.