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20 Myths About Veterans Disability Attorney: Busted

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Jade 24-07-01 08:04 view69 Comment0

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often rely on their benefits. 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 deadly aircraft carrier crash has clinched a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies 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 during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk 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 through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and wants the court require the VA to look into the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

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

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties involved in dealing with the VA and can create a higher level of empathy for the situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. An experienced attorney will be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional, for example, may be able prove that the pain you are experiencing is due to your service-related injury and that it is disabling. They might also be able help you get the medical records required to prove your claim.

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