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25 Amazing Facts About 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 disabled veterans disability lawyers to make money frequently use their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by 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 the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely 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 due to 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 as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not honourable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and asks the court to orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than white peers. 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 bias was systemic and widespread. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals for Veterans disability lawsuit disability can help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence and documentation should it be required. The lawyer will also be aware of the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This can be a significant benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and is causing disability. They could be able to assist you in getting the medical evidence you need to prove your claim.

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