15 Veterans Disability Attorney Bloggers You Must Follow

veterans disability lawsuits (artrecord.kr noted) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which 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 that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per agency 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, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black veterans disability lawsuit Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and also to order the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members including alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied access at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing an appeal, it's important that you do so as soon as possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also understand the difficulties of dealing with the VA and this could create a higher level of empathy for your circumstance. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. A medical professional for instance, might be able to demonstrate that your pain is caused by your service-related injury and that it is in a way limiting. They might also be able to help you obtain the medical records that are needed to support your claim.