The Most Pervasive Issues In Veterans Disability Attorney

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying 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. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to compensate him for benefits that it has taken him out of and to change its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for flora veterans disability lawyer of color than for white veterans.

Discrimination is based on PTSD

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

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. That “bad paper” hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that south bound brook veterans disability attorney can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans’ funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, however his discharge was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and arduous road.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit filed in 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. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A competent lawyer will review the evidence to support your claim, and if needed, provide new and additional proof. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstance. This could be a great asset in your appeals.

A claim for disability from a veteran is often denied because the agency didn’t accurately describe their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is disabled. They might also be able help you get the medical records that are required to prove your claim.