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 veterans with disabilities to make money often use their benefits. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an air carrier crash that killed dozens of people has won a major victory. However, it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly 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 more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He demands that the agency reimburse him for benefits he was deprived of, and to modify its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for black veterans disability attorney than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

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

The lawsuit seeks monetary damages and asks the court to order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups such as 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

People who have served their nation in uniform, or who accompany them require honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought 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 address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you are able. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This could be a great advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional evidence of your condition. For instance medical experts could be able to prove that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They could be able to assist you in getting the medical records required to support your claim.