The Top Reasons For Veterans Disability Attorney s Biggest "Myths" About Veterans Disability Attorney Could Actually Be Accurate

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 frequently use their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday, 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 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 much greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School veterans disability attorney Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to compensate him for benefits that it has taken him out of and to alter its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require truthful information about the benefits for veterans and their impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

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 discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long 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 person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is important to appeal in the earliest time possible. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit additional evidence and documentation if necessary. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be a valuable advantage in your appeals.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional, for example, may be able show that your pain is caused by your service-related injury, and is disabled. They may also be able assist you in getting the medical records you require to support your claim.