10 Times You’ll Have To Be Aware Of Veterans Disability Attorney

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. But it comes with cost.

Class Action Settlement

The Department of elgin veterans disability attorney Affairs has consistently discriminated against Black dawson veterans disability lawsuit (https://vimeo.com/709512107) by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. That “bad paper” did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, 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 for his service, but he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding route.

He was denied at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you are considering appealing a decision, it is essential to do so in the earliest time possible. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence that supports your claim, and if needed, provide additional evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great benefit in your appeals process.

A claim for disability from a veteran 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 properly classified and rated correctly, allowing you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your health condition. A medical professional for instance, might be able prove that your pain is due to your service-related injury and is disabling. They could be able to assist you in getting the medical records required to support your claim.