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What The Heck Is 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 targeted by lawyers who make use of their benefits as a way to earn money. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. However, it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the 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 over the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made 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 assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order 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 as he relived some of his most painful memories with each application and re-application, the suit states.

The lawsuit seeks financial damages and wants the court require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit brought in his behalf by the National veterans disability lawsuit - aragaon.Net - Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

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

A qualified lawyer can review the evidence used to prove your claim, and if needed, provide new and additional evidence. The lawyer will also understand the challenges involved in dealing with the VA, and this can increase the level of empathy for the situation. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional evidence of your health condition. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.

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