Veterans Disability Attorney 10 Things I d Loved To Know Earlier

Veterans Disability Lawsuits - 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 who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed 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 disability lawyer. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits that it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

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 troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. 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 to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most painful memories with each application and re-application for benefits the suit states.

The lawsuit is seeking monetary damages and also to orally order the VA to examine the the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans disability lawyers who have served our country in uniform or who accompany them require truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged 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 then he received a discharge that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a rate significantly higher than white people. 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 did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you're considering appealing an appeal, it's important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and should it be necessary, present new and additional proof. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstances. 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 qualified attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able show that your pain is due to your service-related injury, and is in a way limiting. They might assist you get the medical records that are required to prove your claim.