Why You Should Not Think About Enhancing Your Veterans Disability Atto…

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is why you should hire an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for the benefits that it has denied him and to change their policies regarding race, 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability lawsuit (Related Homepag) from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the veterans disability attorneys Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but the discharge he received was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit brought on behalf of him 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 and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

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're considering appealing an agency decision, it's essential to do so as soon as possible. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

One of the main reasons a veteran's disability claim can be denied is because the agency has not properly characterized their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury and is disabled. They may assist you obtain the medical records that are needed to support your claim.

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