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25 Unexpected Facts About 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 often exploited by attorneys who use their benefits as a source of cash. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly 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 as well as 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 disability law firms during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits it has deprived him of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks damages in the form of money and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who served 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 common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans disability law firm' payment from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A licensed lawyer is able to examine the evidence that was used to support your claim and submit additional evidence, should it be required. The lawyer will also understand the difficulties involved in dealing with the VA and can lead to a greater level of understanding for your situation. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your situation. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-related injury and is causing impairment. They might also be able to help you get the medical records that are needed to support your claim.

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