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Why No One Cares About Veterans Disability Attorney

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Milan 24-06-28 14:12 view145 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 frequently exploited by attorneys who use their benefits as a cash cow. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday that 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, 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, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back for benefits he has been deprived of and to alter its policies regarding race as well as discharge status and denial rates.

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

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally 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 the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by family members and creditors, except for alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at an rate that was much higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing a decision, it is essential to do so immediately. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. A lawyer will also know the challenges of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be an important benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your health condition. For instance, a medical expert might be able prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able to help you obtain the medical records that are required to support your claim.

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