Why You Should Focus On Enhancing 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 cash cow. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate 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 VA has denied his disability claims at a greater rate than white veterans disability lawsuit in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He wants the agency to reimburse him for benefits that it has taken him out of and to change its policies regarding race discharge status, 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans disability attorneys were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, 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 as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and wants the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors including alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, difficult road 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 on 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. It claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans disability law firm like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. If you're considering appealing the decision, it is important to appeal as soon as you can. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all the requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit new and additional proof. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This could be a great benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not properly characterized their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able of working with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able prove that your pain is due to your service-related injury, and is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.

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