The No. 1 Question Everyone Working In Veterans Disability Attorney Should Be Able To Answer

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (click web page)

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is the reason 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 conditions linked to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on 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 over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black veterans, to suffer in a manner 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 that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which 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 likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who 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 veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors, except for child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was not honorable as there were two battles because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a more frequent rate 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 alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's crucial to file an appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and it gets 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 difficulties involved in dealing with the VA and can create a higher level of empathy for your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able of working with medical specialists to provide additional evidence of your health condition. A medical professional, for example, may be able to demonstrate that your pain is a result of your service-related injury and is disabled. They may be able to assist you in getting the medical evidence you need to support your claim.