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10 Wrong Answers For Common Veterans Disability Attorney Questions Do You Know The Right Ones?

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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 targeted by lawyers who make use of their benefits to make a profit. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier collision has won a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or Veterans Disability Lawsuits work and education. He would like the VA to pay him back the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and veterans Disability lawsuits the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made 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 an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories in each application and re-application for benefits the suit claims.

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 initiative by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans disability law firms may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered 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 several medals, however was discharged that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at a much more frequent rate than his white peers. This racial discrimination was systemic 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 suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present additional evidence if necessary. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be an invaluable benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is because the agency hasn't correctly defined their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your health condition. For example an expert in medicine might be able demonstrate that the pain you experience is due to your service-related injury and is disabling. They may be able to assist you in getting the medical records required to support your claim.

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