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What NOT To Do During The Veterans Disability Attorney Industry

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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 frequently use their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

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

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 Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He wants the agency to reimburse him for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National veterans disability attorneys Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that 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 being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm from reliving the most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at a much higher rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This could be a valuable advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. A medical expert for instance, might be able to prove that your pain is due to your service-related injury and that it is debilitating. They might also be able to assist you get the medical records that are required to support your claim.

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