20 Myths About Veterans Disability Attorney: Busted

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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash which killed dozens has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via 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 revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans disability attorney of color than 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 a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to orally 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 force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

veterans disability law firm who have served our nation in uniform, or who accompany them deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This can be an important benefit in your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly characterized their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing impairment. They might be able assist you in obtaining the medical records needed to prove your claim.