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10 Things You Learned In Preschool, That'll Aid You In 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 to make a profit. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a price.

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 a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. Monk wants the VA to reimburse him for benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability lawyer. It seeks to redress Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence that supports your claim, and should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be an invaluable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly classified 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 qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical professional, for example, may be able show that your pain is due to your service-related injury, and is debilitating. They could be able to assist you in obtaining the medical records needed to prove your claim.

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