10 Wrong Answers To Common Veterans Disability Attorney Questions: Do …

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, Veterans Disability Lawsuit 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 during the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA repay him for the benefits that it has taken him out of and to amend its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made 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 receive a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability lawyer.

Discrimination basing it 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 access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans disability attorneys.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code to protect Veterans Disability lawsuit' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.

A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional evidence. The lawyer will also understand the challenges of dealing with the VA and can create a higher level of understanding for your situation. This can be a significant advantage in your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For example medical experts may be able to show that the pain you experience is related to your service-connected injury and that it is causing impairment. They may also be able assist you in getting the medical records required to support your claim.

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