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Veterans Disability Attorney: 10 Things I'd Like To Have Known Sooner

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Declan 24-06-27 22:25 view99 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 exploited by attorneys who use their benefits as a source of cash. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won an important victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much 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 much higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race and discharge status as well as 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability lawyer between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages, and wants the court to require 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 pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a 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 received several medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National veterans disability law firms Council for Legal Redress and the Veterans Disability Lawsuit Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as quickly as you are able. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal complies with all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer who knows the VA's issues can be more sympathetic to your circumstances. This can be an important asset in your appeals.

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

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