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How The 10 Most Disastrous Veterans Disability Attorney Mistakes Of All Time Could Have Been Prevented

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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 to make a profit. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, lawsuits employment, and education. He is requesting that the VA repay him for the benefits he was deprived of and to amend its policies on race discharge status, 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 through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed 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 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, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members in the case of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, however his discharge was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts 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 who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is important that you do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal complies with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present new and additional evidence when needed. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This can be a significant benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert might be able prove that the pain you feel is a result of your service-related injury and Lawsuits is causing disability. They may also be able assist you in obtaining the medical records needed to support your claim.

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