What Is The Heck What Is Veterans Disability Attorney?

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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 way to earn money. You require 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 fatal aircraft carrier crash has won a major victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday, 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 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for benefits that it has taken him out of and to change its policies on race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and seeks the court to direct 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 pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans disability attorney may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at an rate that was much 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing an agency decision, it's important that you do so immediately. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal is compliant with all the requirements and that it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant asset in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A qualified attorney will be able to work with medical experts to provide additional evidence of your condition. For example an expert in medical practice could be able to prove that the pain you experience is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records you require to support your claim.