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25 Surprising Facts About Veterans Disability Attorney

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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 profits often make use of their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes with a substantial price tag.

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, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to pay him back for benefits he was deprived of and to amend its policies on race, 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 via 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 be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not acceptable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and 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 also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups like 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 their country in uniform or who accompany them deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding route.

He was denied at an rate that was much higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

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 are considering appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A lawyer with experience can look over the evidence that supports your claim and, if needed, provide additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be a valuable asset in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A professional attorney will also be able to work with medical professionals to provide additional evidence of your situation. A medical professional could, for instance, be able to demonstrate that your pain is due to your service-related injury, and is disabling. They may also be able assist you in obtaining the medical records needed to prove your claim.

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