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25 Amazing Facts About Veterans Disability Attorney

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Sean 24-06-18 15:29 view272 Comment0

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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 exploited by attorneys who use their benefits as a cash cow. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed 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 a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for benefits they have denied him, and to modify their policies regarding race, 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 that they submitted on behalf of National veterans disability attorney Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability law firms. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show 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 unmarked transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived some of his most painful memories in each application and re-application for benefits the suit says.

The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. 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 with the exception of alimony and child support.

Conley Monk, a devoted volunteer 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 numerous medals, however the discharge he received was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than his white peers. 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 bias was systemic and widespread. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress 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 essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and if needed, provide new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and can increase the level of empathy for the situation. This can be an invaluable benefit in your appeals process.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency has not correctly defined their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to consult with medical professionals to provide additional proof of your condition. For instance medical experts could be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They might be able assist you in getting the medical records required to support your claim.

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