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The History Of Veterans Disability Attorney

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans disability Lawsuits (tshinc.com)

Attorneys who exploit disabled veterans disability attorneys to earn money frequently use their benefits. You need an attorney who is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. 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 higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and Veterans disability lawsuits other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency compensate him for benefits that it has taken him out of, and to modify its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 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, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (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 as well as helping to move equipment and troops to combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by creditors and family members including alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is important that you do so immediately. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal meets all requirements and it gets a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit new and additional evidence when needed. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstance. This can be a valuable advantage in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your medical condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They may assist you get the medical records required to support your claim.

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