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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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. This is why you should hire a attorney who is accredited 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 collision has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in 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 the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits they have denied him and to change their policies on race, 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 and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The veterans disability law firm Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Monk was eventually 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 getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories in each application and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and wants the court order the VA to examine the 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

Veterans who have served our country in uniform or who accompany them deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, but was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and pervasive, according 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 but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 crucial to appeal a decision as quickly as you can. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit additional and more convincing evidence. The lawyer will also understand the challenges involved in dealing with the VA and could increase the level of empathy for your circumstance. This could be a great advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For instance, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and is causing impairment. They may be able to assist you in getting the medical records you require to support your claim.

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