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9 Jun 2024

20 Trailblazers Lead The Way In 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 to make a profit. This is why you should hire an attorney who is licensed to handle 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 claimed the lives of dozens has won a significant victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He would like the VA to reimburse him for benefits it has not provided him and to change their policies on race and discharge status as well as 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. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not acceptable. That “bad paper” hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatic memories through each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and asks the court’s order for Vimeo.com the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women’s Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied those who served in the military, need to know 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 may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans’ benefits from claims of family members and creditors except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a much greater rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf 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 failed to confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other la joya veterans disability lawyer who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. If you’re thinking of appealing an appeal, it’s important to appeal as soon as possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence, when needed. A lawyer will also know the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a significant asset in your appeals.

One of the main reasons that a veteran’s claim for disability can be denied is because the agency hasn’t correctly described their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. An experienced attorney will be able work with medical professionals to provide additional proof of your health condition. For example an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-connected injury and is causing impairment. They may be able to assist you in getting the medical evidence you need to support your claim.

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