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The Ugly Real Truth Of Veterans Disability Attorney

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Collette 24-06-22 21:12 view130 Comment0

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. However, it comes with a substantial cost.

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, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the 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 higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has led 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 pay him back the benefits it has not provided 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 through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely 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 veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former 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 served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors 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 troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous path.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. If you're thinking of appealing a decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A competent lawyer will review the evidence used to support your claim, and when necessary, submit new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This can be a significant advantage in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. A medical professional is one example. They may be able to prove that your pain is a result of the injury you sustained while working and is debilitating. They may be able to assist you in obtaining the medical records needed to support your claim.

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