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Veterans Disability Attorney: 10 Things I'd Like To Have Known Sooner

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. 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 much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA pay him back for benefits he has been deprived of and to amend its policies regarding 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 through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The veterans disability lawyer Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's important that you do so immediately. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence if necessary. The lawyer will also understand the challenges involved in dealing with the VA and can increase the level of empathy for your circumstance. This can be an invaluable asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you feel is a result of your service-related injury and that it is causing disability. They might also be able to help you obtain the medical records that are required to prove your claim.

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