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The 10 Most Terrifying Things 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 frequently victimized by lawyers who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.

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

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 a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday in the United States, 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 years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

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

Alimony Discrimination

Those who served in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members including alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and widespread, as per 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 was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like 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're considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide new and additional evidence when needed. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. A medical professional, for example, may be able to prove that your pain is due to your service-related injury and that it is in a way limiting. They might be able assist you in getting the medical records required to support your claim.

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