What Is The Heck Is Veterans Disability Attorney

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

Attorneys who profit from disabled veterans to earn profits often make use of their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate 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. Monk claims VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the agency to compensate him for benefits that it has taken him out of and to change its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans disability attorney.

Discrimination in PTSD

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

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" prevented 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 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

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

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members in the case of 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 several medals, but later the discharge he received was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and winding route.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal meets all requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and if needed, provide additional and more convincing evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by the injury you sustained while working and is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.