20 Myths About Veterans Disability Attorney: Dispelled

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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash which killed dozens has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency 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 vets to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to pay him back for benefits that it has taken him out 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 last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long, winding journey.

He was denied services at the rate of significantly more than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, when necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you experience is related to your service-connected injury and that it is causing disability. They might be able assist you in obtaining the medical records needed to support your claim.