The Most Convincing Evidence That You Need Veterans Disability Attorney

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

Attorneys who profit from veterans disability lawyer with disabilities to make money frequently use their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. Monk wants the VA to pay him back the benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages, and wants the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. The discrimination was racial and widespread, according to 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. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans disability lawsuit.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A lawyer who is qualified can examine the evidence used to prove your claim and then submit new and additional evidence if necessary. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This can be a significant advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly characterized their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your condition. A medical expert, for example, may be able to prove that your pain is a result of your service-related injury, and is debilitating. They may also be able assist you in getting the medical records you require to support your claim.