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Veterans Disability Attorney: The Good, The Bad, And The Ugly

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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 as a source of cash. This is why you require a attorney who is accredited to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He is requesting that the VA pay him back for benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive 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.

Discrimination basing it on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against 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 claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money and asks the court to direct the VA to examine 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 into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans disability lawyer' payments from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but then he received a discharge that was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans Disability lawsuit like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're thinking of appealing an appeal, it's important that you do so immediately. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present additional evidence and documentation should it be required. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstances. This can be an invaluable benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional proof of your medical condition. For instance medical experts could be able to prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They may also be able help you get the medical records needed to support your claim.

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