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20 Trailblazers Setting The Standard In 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 frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to pay him back the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black veterans disability attorney Project. The data revealed that Black veterans were statistically less likely to receive a disability claim 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 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 that suggests that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm from reliving some of his most painful memories with each application and re-application, the suit states.

The lawsuit seeks damages in the form of money, and wants the court's order for 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 pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans disability law firms' payment from claims made by family members and creditors in the case of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed 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. It claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other Veterans Disability Lawsuit.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing a decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and if needed, provide new and additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and can lead to a greater level of empathy for the situation. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your health condition. For example an expert in medical practice may be able to show that the pain you suffer is a result of your service-related injury and that it is causing impairment. They might also be able to assist you obtain the medical records required to prove your claim.

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