20 Myths About Veterans Disability Attorney: Debunked — различия между версиями

Текущая версия на 06:27, 23 апреля 2024

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

Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you should hire a attorney who is accredited 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 won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to repay him for the benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to 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. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and veterans disability Law firms alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members including child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not address decades-long discrimination against Black veterans disability law firms. It seeks justice for Monk and other veterans who are like him.

Appeals

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 important to appeal a decision as quickly as you are able. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This can be a valuable asset in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly defined their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury, and is disabling. They may be able to assist you in getting the medical records you require to support your claim.