Why The Biggest "Myths" About Veterans Disability Attorney Could Be True

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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash which killed dozens has won a significant victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, Lowell veterans Disability Lawsuit homes, employment and education. Monk wants the VA to compensate him for the benefits it has not provided him and to amend their policies on race, discharge status, and lowell veterans Disability lawsuit denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted 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 receive the right to claim disability benefits than white veterans between 2001 and 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 the veterans disability attorney Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm from reliving the most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members in the case of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however his discharge was not honorable as he had two fights because of a post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar lowell veterans disability lawsuit (click the next page).

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important that you do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present new and additional proof. A lawyer also knows the challenges of dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be a significant benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.