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1 Jul 2024

Why Veterans Disability Attorney Doesn’t Matter To Anyone

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

monroe veterans disability attorney with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner 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. According to 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 much higher rate than white veterans over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He wants the VA to pay him back the benefits it has denied him, and to alter 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. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white Mccomb Veterans Disability Law Firm from 2001 until 2020. In addition 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 was filed by an ex- 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 points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This “bad paper” did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional harm as he relived the most traumatic memories in each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and also to order the VA to review systemic PTSD bias. This is the latest initiative by groups like 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

The veterans who have served our nation in uniform, or who accompany them need honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans’ funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. 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 bias was systemic and widespread. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re thinking of appealing an agency decision, it’s essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence and documentation in the event of need. A lawyer will also know the difficulties involved in dealing with the VA and this could create a higher level of empathy for your situation. This can be a huge benefit in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you’re entitled to. An experienced attorney will be able work with medical experts to provide additional proof of your health condition. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury and that it is in a way limiting. They could be able to assist you in getting the medical records you require to prove your claim.

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