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Why Nobody Cares About Veterans Disability Attorney

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Shannon 24-07-01 03:39 view182 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 victimized by lawyers who use their benefits as a source of cash. You should hire an attorney who is certified to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he was deprived of, and to modify its policies on race discharge status, discharge status, and denial rates.

Monk and the veterans disability attorneys Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans disability lawyer were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

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 access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and wants the court order the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of 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 isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors, except for child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is essential to do so as soon as possible. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all the requirements and that it gets a fair hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence in the event of need. The lawyer will also be aware of the challenges of dealing with the VA, and this can create a higher level of empathy for the situation. This can be a valuable benefit to your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medicine may be able to show that the pain you are experiencing is a result of your service-connected injury and is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.

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