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Veterans Disability Attorney: The Ugly Truth About Veterans Disability Attorney

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. This is why you require an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has won a significant victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed 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 higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for the benefits they have denied him and to amend their policies regarding race, discharge status, and lawsuit denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed 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 appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans disability lawyer.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full 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 emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and wants the court orally order the VA to look into systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by family members and creditors, except for child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed 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 confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to back your claim and lawsuit provide additional evidence if necessary. The lawyer will also be aware of the challenges involved in dealing with the VA and could result in a greater degree of understanding for your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to collaborate with medical specialists to provide additional proof of your health condition. A medical expert, for example, may be able show that your pain is caused by your service-related injury, and is debilitating. They might be able assist you in getting the medical records required to support your claim.

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