Veterans Disability Attorney: The Good The Bad And The Ugly

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA pay him back the benefits that it has denied him and to change their policies on race and discharge status as well as 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 that they made 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 an appeal for disability than white duluth veterans disability lawyer between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability lawyer. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans Disability lawsuit may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors in the case of alimony and child support.

Conley Monk, a volunteer for veterans disability lawsuit his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. 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 higher rate than white counterparts. 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 suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

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 receives an equitable hearing.

A competent lawyer will review the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert is one example. They may be able to prove that the pain you are experiencing is due to your service-related injury, and is disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.