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TITLE What Is Veterans Disability Attorney? Heck What Is Veterans Disability…

NAMELayla DATE2024-06-04

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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 exploited by attorneys who use their benefits as a source of cash. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won an important victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans disability law firm to be affected in ways that have impacted their health, homes or work and education. He would like the VA to pay him back the benefits it has denied him and Veterans Disability Lawsuits to change their policies on race, 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 as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived the most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks monetary damages and asks the court's order for 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 into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, ought to be aware of the truth about the benefits for veterans disability law firms with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

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're thinking of appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence used to support your claim, and should it be necessary, present new and additional evidence. A lawyer who understands the VA's issues can be more understanding of your circumstance. This could be a great advantage in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able prove that your pain is due to your service-related injury and that it is in a way limiting. They might be able assist you in getting the medical evidence you need to prove your claim.