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Undeniable Proof That You Need 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 profit from veterans with disabilities to make money often use their benefits. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. But 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 denying their disability claims, at a rate 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 claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the agency to pay him back for benefits it has deprived him of and to amend its policies on race, discharge status and denial rates.

Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application 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 based on PTSD

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories through each application and re-application, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans disability attorney' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied at an rate that was much 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 disability lawsuit Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you are considering appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence when needed. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be an important asset in your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional evidence of your health condition. For example medical experts may be able to show that the pain you suffer is a result of your service-connected injury and that it is disabling. They may also be able to assist you get the medical records that are required to prove your claim.

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