A Look At The Ugly Real Truth Of Veterans Disability Attorney

veterans disability lawsuits (ymulga.79.ypage.kr) - Why You Need a Lawyer Who is Accredited to Handle veterans disability law firm Disability Lawsuits

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing 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. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to reimburse him for benefits it has not provided him, and to modify 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 in the last year, thanks to a Freedom of Information Act request which they filed on behalf of 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 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

Conley Monk decided to join 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. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and Veterans Disability Lawsuits was awarded full benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most painful memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks financial compensation and also asks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered 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 was discharged that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and winding route.

He was denied benefits at a higher rate than his white counterparts. 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 discrimination was systemic and widespread. It alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This can be a valuable asset in your appeals.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medicine may be able to show that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.