10 Quick Tips About Veterans Disability Attorney

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Attorneys who exploit disabled veterans to earn money often rely on their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. But it comes at the cost of.

Class Action Settlement

The Department of veterans disability law firms Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per 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 much more frequent rate than white veterans over the last three decades, as per the agency's records 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 manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving the most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial damages and wants the court order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members in the case of child support and alimony.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other 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 soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A qualified lawyer can review the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer who understands the VA's challenges can be more sympathetic to your circumstances. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your situation. For instance an expert in medicine may be able to show that the pain you suffer 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 you require to support your claim.