The 10 Most Terrifying Things About Veterans Disability Attorney
veterans disability lawsuits (click this link) - 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 need an attorney that is certified to handle VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won an important victory. But it comes with an expense.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of veterans disability attorney Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.
Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He demands that the agency repay him for the benefits he has been deprived of and to amend its policies regarding race, 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.
The lawsuit is seeking monetary damages and also to decide to require the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.
Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however his discharge was not honorable as he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a more frequent rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.
A competent lawyer will review the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a significant advantage in your appeals.
A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is a result of your service-connected injury and is causing disability. They might also be able to assist you obtain the medical records that are needed to support your claim.