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

Attorneys who profit from disabled veterans disability attorneys to make money often rely on their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly 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 during the Vietnam War, is the plaintiff in 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 higher rate than white veterans in the past three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA pay him back for benefits that it has taken him out of and to amend its policies regarding race as well as discharge status and denial rates.

Last year, Monk and Veterans Disability Lawsuits the veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. 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 revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories each time he applied and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit new and Veterans Disability Lawsuits additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your situation. This can be an invaluable advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. A medical expert is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.