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10 Wrong Answers For Common Veterans Disability Attorney Questions Do …

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Heike 24-06-25 16:47 view114 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 use their benefits. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans Disability Lawsuit. 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to repay him for the benefits that it has taken him out of, and to modify 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 information 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. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability lawyers.

PTSD Discrimination

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

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid 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 liable for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit brought on behalf of him by the National veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

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. If you are considering appealing a decision, it is important that you do so immediately. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This can be a significant advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical records you require to prove your claim.

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