15 Of The Top Veterans Disability Attorney Bloggers You Need To Follow

somerset veterans disability lawyer Disability Lawsuits – 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 as a source of cash. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He is requesting that the VA reimburse him for the benefits it has denied him, and to alter 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 data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed 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 that suggests that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. That “bad paper” did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks to have the court require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts can garnish veterans’ VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans’ benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous path.

He was denied benefits at a much more frequent rate than his white peers. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA’s Board of carlisle veterans disability attorney Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can result in a greater degree of empathy for your situation. This could be a valuable asset in your appeals process.

One of the main reasons a veteran’s disability claim is denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your condition. A medical professional, for example, may be able to demonstrate that your pain is caused by your service-related injury and that it is disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.