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Why You Should Not Think About Improving Your Veterans Disability Attorney

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veterans disability lawsuits, www.anp-Pack.com, - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to handle VA claims.

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

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The veterans disability law firm Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a greater rate than his white peers. The discrimination was racial 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. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.

Appeal

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 quickly as you can. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence and documentation when needed. A lawyer who knows the VA's challenges can be more understanding of your circumstance. This can be a significant benefit in your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency has not properly described their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your health condition. For example an expert in medicine could be able to prove that the pain you experience is due to your service-related injury and is causing impairment. They could be able to assist you in getting the medical records you require to support your claim.

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