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The No. 1 Question Everyone Working In Veterans Disability Attorney Should Be Able To Answer

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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won an important victory. However, it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for 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 an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt 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

The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but he received a discharge that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied benefits at an rate that was much higher than white people. This discrimination against Blacks was systematic and pervasive, 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. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all requirements and you are given a fair hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit additional and more convincing evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This could be a valuable benefit in your appeals process.

One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your health condition. For instance, a medical expert might be able demonstrate that the pain you suffer is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.

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