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What The Heck What Exactly Is Veterans Disability Attorney?

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He is requesting that the VA reimburse him for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most painful memories each time he applied and re-application, the suit says.

The lawsuit seeks damages in the form of money, and wants the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed in 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 asserts that the VA was aware of but did not combat decades of 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 person is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A competent lawyer will review the evidence used to prove your claim and, if necessary, submit additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical experts to provide additional evidence of your health condition. For instance an expert in medicine may be able to show that the pain you are experiencing is a result of your service-related injury and that it is disabling. They may also be able help you get the medical records required to prove your claim.

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