Why Nobody Cares About Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white Veterans Disability Law Firms, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets, Veterans Disability Law Firms to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits that it has taken him out of and to change 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 data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans 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 a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized 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 shield the payment of veterans from claims by family members and creditors including child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however his discharge was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're considering appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. The lawyer will also be aware of the challenges involved in dealing with the VA, and this can increase the level of empathy for the situation. This can be an invaluable advantage in the appeals process.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't properly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your situation. For example, a medical expert might be able prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.