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What's The Most Important "Myths" Concerning Veterans Disability Attorney Could Actually Be True

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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 often rely on their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National veterans disability attorney Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans disability lawyer.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application, the suit claims.

The lawsuit seeks financial damages and asks 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 who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit brought 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. 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.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A qualified lawyer can review the evidence used to support your claim, and if necessary, submit additional and more convincing evidence. The lawyer will also understand the difficulties of dealing with the VA and could increase the level of empathy for your circumstance. This can be an important benefit to your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not properly defined their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury and is disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.

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