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The Ultimate Cheat Sheet On Veterans Disability Attorney

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Kisha 24-06-26 21:47 view107 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 profits often make use of their benefits. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won an important victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to 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 and education as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

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

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer who is qualified can examine the evidence that was used to support your claim and submit additional evidence and documentation should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA and could lead to a greater level of understanding for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your situation. A medical professional could, for instance, be able show that your pain is due to your service-related injury and that it is debilitating. They may also be able to assist you obtain the medical records required to prove your claim.

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