What You Must Forget About Enhancing Your Veterans Disability Attorney

What You Must Forget About Enhancing Your Veterans Disability Attorney

Jermaine Hilton 0 26 04.01 20:07
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need a attorney who is accredited to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner 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 the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to reimburse him for benefits he was deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. 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 points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require honest answers about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from creditors and family members, except for veterans disability law firm child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however his discharge was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. The discrimination was racial 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. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans disability law firm (https://vimeo.com/709524931). It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence to support your claim and, if needed, provide additional and more convincing evidence. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able to demonstrate that your pain is due to the injury you sustained while working and is in a way limiting. They may be able to assist you in getting the medical records required to support your claim.

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