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Incontestable Evidence That You Need Veterans Disability Attorney

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (https://highwave.kr/bbs/board.php?bo_table=faq&wr_id=3048716)

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, 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 by VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawyer 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. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by family members and creditors in the case of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied access at an rate that was much 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 knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal meets all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if needed, provide new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. For instance medical experts may be able to show that the pain you experience is a result of your service-related injury and is causing you to be disabled. They may also be able to help you get the medical records that are required to prove your claim.

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