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What's The Ugly Truth About 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 to make a profit. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly 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. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to reimburse him for benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have rejected claims submitted by Black veterans disability law firms in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories through each application and re-application, the suit says.

The lawsuit is seeking monetary damages and wants the court decide to require the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country and visit the up coming internet site spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but later he received a discharge that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a more frequent rate 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 discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an opinion of the agency. If you are considering appealing an appeal, it's important that you do so as soon as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence, should it be required. The lawyer will also be aware of the challenges of dealing with the VA and this could create a higher level of empathy for the situation. This could be a great advantage in your appeals.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able to work with medical professionals to provide additional proof of your condition. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing disability. They may also be able help you get the medical records needed to support your claim.

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