15 Latest Trends And Trends In Veterans Disability Attorney

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 cash cow. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed a number of people has a huge victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability law firms (go to Freemaple) Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for the benefits that it has denied him and to amend their policies on 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans disability attorney of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories through each application and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and asks the court to order the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members including alimony and child support.

Conley Monk, 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 for his service, but he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This racial discrimination was systemic and pervasive, according to 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 was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

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. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present new and additional evidence should it be required. A lawyer will also know the difficulties of dealing with the VA and could lead to a greater level of empathy for the situation. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your medical condition. For instance, a medical expert may be able to show that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They may be able to assist you in getting the medical records required to prove your claim.