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9 Jun 2024

The Most Worst Nightmare About Veterans Disability Attorney It’s Coming To Life

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

Attorneys who profit from disabled veterans to make money frequently use their benefits. This is the reason you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He would like the VA to reimburse him for benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black ramsey veterans disability law firm Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white jacksonville veterans disability lawsuit between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on 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 as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This “bad paper” prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn’t the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans’ compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 are considering appealing an agency decision, it’s essential to do so as soon as you can. An experienced lawyer in appeals to veterans’ disability cases can help ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence and documentation should it be required. A lawyer who understands the VA’s issues can be more sympathetic to your situation. This can be an important benefit in your appeals.

A claim for disability from a veteran is often denied because the agency didn’t accurately describe their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will be able of working with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is debilitating. They might assist you obtain the medical records that are required to support your claim.

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