veterans disability claim Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that killed a number of people has won a significant victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability attorney, as per the lawsuit filed on Monday. Conley Monk is 74 years old and veterans disability compensation a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits it has denied him and to amend 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. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability legal from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans disability lawyer.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories in each application and re-application, the suit claims.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans disability settlement' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied access at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is essential to appeal a decision as quickly as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal meets all the requirements and you are given a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence when needed. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance medical experts might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing disability. They could be able to assist you in getting the medical records required to prove your claim.