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The 3 Greatest Moments In Veterans Disability Attorney History

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Lorrine 24-06-19 16:40 view126 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 often victimized by lawyers who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has won a significant victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits he has been deprived of and to amend its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a higher rate than 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, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing a decision, it is important that you do so as soon as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all the requirements and that you are given a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer also knows the challenges involved in dealing with the VA and could increase the level of understanding for your situation. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your situation. For example, a medical expert might be able demonstrate that the pain you feel is related to your service-connected injury and that it is causing disability. They may also be able assist you in obtaining the medical records needed to prove your claim.

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