20 Myths About Veterans Disability Attorney: Debunked
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You should hire an attorney who is licensed to deal with VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won a major victory. But it comes with cost.
Class Action Settlement
According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He would like the VA to compensate him for the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.
Monk and the veterans disability claim Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.
Discrimination due to PTSD
According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability law. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans disability attorney.
Conley Monk decided to join 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. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.
He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and veterans disability compensation in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatic memories each time he applied and re-application, the suit states.
The lawsuit is seeking monetary damages and also to decide to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.
Alimony Discrimination
People who have served their country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors except for alimony or child support.
Conley Monk, who volunteered 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, but later the discharge he received was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans disability lawyer. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.
A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be a valuable advantage in your appeals.
A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might also be able to assist you get the medical records required to prove your claim.
