25 Surprising Facts About Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (http://www.mecosys.com/bbs/board.php?bo_table=Project_02&Wr_id=1268355)

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a major victory. However, it comes at a price.

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 that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School veterans disability attorney Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

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

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that state courts are able to 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' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, 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 alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans disability lawsuit. It seeks justice for Monk and other veterans.

Appeal

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 are considering appealing the decision, it is crucial to file an appeal as soon as possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is compliant with all the requirements and that it gets a fair hearing.

A lawyer who is qualified can examine the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able prove that your pain is caused by your service-related injury, and is debilitating. They may also be able to help you obtain the medical records that are required to prove your claim.