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Veterans Disability Attorney 10 Things I'd Loved To Know Sooner

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Rosalinda 24-06-18 15:30 view264 Comment0

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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has won a significant victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the agency to reimburse him for benefits that it has taken him out of and to change 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 last year through Freedom of Information Act request that they submitted 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 prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans disability attorneys' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied services at an rate that was much higher 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, the discrimination against Black veterans was systematic 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 justice for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstance. This could be a valuable asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you feel is a result of your service-connected injury and that it is causing disability. They might also be able to help you get the medical records required to prove your claim.

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