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The 10 Scariest 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 often taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, 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 impacted their health, home as well as their education, employment and home. He would like the VA to compensate him for the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firms Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and also asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors including alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but then his discharge was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long, winding road.

He was denied access at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according to 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 did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of veterans disability attorneys Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you're considering appealing a decision, it is important to appeal in the earliest time possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and can lead to a greater level of empathy for the situation. This can be a huge benefit in your appeals process.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your situation. A medical professional is one example. They may be able show that your pain is caused by your service-related injury and that it is in a way limiting. They might also be able to assist you get the medical records needed to support your claim.

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