10 Apps To Aid You Control 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 taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on 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. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as 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 during the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed 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 an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the veterans disability attorney Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to review 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 to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members, except for alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but then he received a discharge that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult route.

He was denied access at an amount that was significantly higher 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. It asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. It is important to appeal a decision as fast as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who knows the challenges of the VA will be more understanding of your circumstance. This could be a great asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly characterized their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able of working with medical experts to provide additional evidence of your health condition. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They may also be able to assist you get the medical records required to support your claim.