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20 Trailblazers Leading The Way In Veterans Disability Attorney

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a significant cost.

Class Action Settlement

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

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Last 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 submitted 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 be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability attorney.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't 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 with the exception of child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but the discharge he received was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access 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, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a huge asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. For example, a medical expert could be able to prove that the pain you are experiencing is related to your service-connected injury and that it is causing impairment. They may also be able help you obtain the medical records that are needed to support your claim.

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