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What The Heck What Is 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 exploit veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He wants the VA to compensate him for the benefits it has not provided him and to amend their policies on race, discharge status, Veterans Disability Lawsuits and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorney Project. The data showed that Black Veterans were statistically less prone 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 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but then his discharge was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A licensed lawyer can review the evidence that was used to justify your claim and present additional evidence and documentation if necessary. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This could be a great asset in your appeals.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly defined their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury and is disabling. They might also be able to assist you get the medical records that are needed to support your claim.

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