15 Current Trends To Watch For Veterans Disability Attorney

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in 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 at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to compensate him for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move 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

Anyone who was in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for Veterans Disability Lawsuits his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was not honorable as he had two fights because of a post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans disability law firm. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important that you do so as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be a valuable asset in your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't correctly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able to demonstrate that your pain is a result of your service-related injury, and is disabling. They may assist you get the medical records that are needed to support your claim.