15 Current Trends To Watch For Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to make money often use their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits it has deprived him of, and to modify its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed 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 right to claim disability benefits than white veterans disability lawsuit from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks financial compensation and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like 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 deserve truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and widespread, as per 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. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. If you're considering appealing the decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA, and this can increase the level of empathy for your situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able to prove that your pain is a result of the injury you sustained while working and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.

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