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How The 10 Most Disastrous Veterans Disability Attorney Fails Of All Time Could Have Been Prevented

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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 make money often rely on their benefits. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won a major victory. However, it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA compensate him for the benefits they have denied him, and to alter their policies on race and discharge status as well as 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application 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 based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to direct 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 force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, 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 several medals, but his discharge was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your situation. This can be a significant asset in your appeals.

One of the most common reasons a veteran's disability claim is denied is due to the agency hasn't correctly described their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your condition. A medical professional is one example. They may be able prove that your pain is a result of your service-related injury and that it is debilitating. They might also be able to assist you obtain the medical records needed to support your claim.

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