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25 Surprising Facts About Veterans Disability Attorney

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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 earn money often use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has won a major victory. But it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of veterans disability lawyers Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He demands that the agency reimburse him for benefits he was deprived of and to amend its policies regarding race, 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 which they filed 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 be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans disability lawyers. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to examine its systemic PTSD discrimination. 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 victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim, Veterans Disability Lawsuits and if necessary, submit new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This could be a valuable asset in your appeals process.

One of the primary reasons a veteran's disability claim is rejected is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert may be able to show 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 assist you obtain the medical records needed to support your claim.

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