Veterans Disability Attorney: The Good, The Bad, And The Ugly

DWQA QuestionsCategory: QuestionsVeterans Disability Attorney: The Good, The Bad, And The Ugly
Rosalina Vogt asked 2 months ago

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black oakland veterans disability lawyer in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency repay him for the benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status and 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Mount Juliet veterans disability attorney Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. The “bad paper” kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and also to orally order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn’t the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans’ payment from claims made by creditors and family members with the exception of child support and alimony.

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 numerous medals, however he received a discharge that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and [Redirect-302] gets an appropriate hearing.

A lawyer who is qualified can examine the evidence that was used to justify your claim and present additional evidence, in the event of need. A lawyer who is knowledgeable about the VA’s issues can be more sympathetic to your circumstance. This can be a huge benefit in your appeals process.

A veteran’s claim for disability is often denied because the agency didn’t accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you’re entitled to. A reputable lawyer will also be able of working with medical experts to provide additional proof of your situation. For example an expert in medical practice could be able to prove that the pain you feel is related to your service-connected injury and is causing impairment. They might assist you get the medical records that are needed to support your claim.

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