What You Must Forget About Making Improvements To Your Veterans Disability Attorney

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans disability case by denying their disability claims, veterans disability compensation at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black vets, Veterans Disability Compensation to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to pay him back for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans disability lawsuit between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black veterans disability lawyers in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This “bad paper” kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to look into systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women’s Action Network to get the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This 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 creditors and family members other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher 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 discrimination was systemic and widespread. It claims that the VA was aware of and failed to deal with 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 when the applicant is not satisfied with an assessment made by the agency. If you are considering appealing the decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be an invaluable advantage during your appeals procedure.

One of the main reasons a veteran’s disability claim can be denied is because the agency has not properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your condition. For example medical experts may be able to show that the pain you are experiencing is a result of your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical records required to prove your claim.