10 Quick Tips About Veterans Disability Attorney

Veterans Disability Lawsuits, Http://Artrecord.Kr, - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

veterans disability lawyer with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has been awarded a significant victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to pay him back for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of 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. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of 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 shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional trauma from reliving the most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from family members and creditors including child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at an amount that was significantly higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence should it be required. The lawyer will also be aware of the challenges of dealing with the VA, and this can create a higher level of understanding for your situation. This can be a huge asset in your appeals process.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They may be able to assist you in obtaining the medical records needed to prove your claim.