20 Myths About Veterans Disability Attorney: Busted

veterans disability lawsuits (lamerpension.co.kr) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. But it comes with a hefty cost.

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 in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of 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 former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He would like the VA to compensate him for the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims submitted by Black veterans disability law firms disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance 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. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also to order the VA to examine its systemic PTSD bias. 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

Those who have served our nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a higher rate than white peers. This discrimination against blacks was widespread and widespread, 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 asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. If you're thinking of appealing a decision, it is important that you do so as soon as possible. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence, if necessary. A lawyer will also know the challenges of dealing with the VA and could result in a greater degree of empathy for your situation. This can be a huge asset in your appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your health condition. For instance an expert in medical practice might be able prove that the pain you experience is related to your service-connected injury and is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.