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 frequently use their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability law firms by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during 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 past 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 by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies on 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 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 data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and Veterans Disability Lawsuits helped move equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatizing memories each time he applied and re-application for benefits, the suit states.

The lawsuit is seeking monetary damages and also to order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however he received a discharge that was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. 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. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

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 crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence and documentation should it be required. A lawyer will also know the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This could be a great asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A professional attorney will also be able work with medical professionals to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical records required to prove your claim.