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14 Jun 2024

Are You Responsible For A Veterans Disability Attorney Budget? 10 Ways To Waste Your Money

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white wytheville veterans disability law firm, according to the lawsuit filed on Monday. 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 much higher rate than those of white veterans in the last three decades, according to the agency’s records 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, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA compensate him for the benefits that it has denied him and to change 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 and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday the honolulu veterans disability lawsuit Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This “bad paper” did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to order the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can have their VA compensation seized 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 shield veterans’ payment from claims brought by creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him 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 failed to deal with 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 person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA’s issues can be more sympathetic to your circumstances. This can be an invaluable advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. A medical professional, for example, may be able show that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may be able to assist you in obtaining the medical records needed to prove your claim.

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