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10 Aug 2024

Are You Responsible For An Veterans Disability Attorney Budget? 12 Tips On How To Spend Your Money

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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 earn money often use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision that claimed the lives of dozens has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA reimburse him for benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans disability lawsuit.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This “bad paper” prevented him from getting home loans, tuition assistance 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 has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you’re considering appealing a decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence used to prove your claim, and if necessary, submit new and additional evidence. A lawyer who understands the VA’s challenges can be more understanding of your circumstance. This can be a valuable benefit to your appeals.

One of the main reasons that a veteran’s claim for disability can be denied is because the agency has not properly characterized their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional for instance, might be able show that the pain you are experiencing is due to your service-related injury, and is disabled. They could be able to assist you in getting the medical records you require to support your claim.

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