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30 Jun 2024

The No. 1 Question Everyone Working In Veterans Disability Attorney Must Know How To Answer

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is the reason you need 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 aircraft carrier collision that claimed the lives of dozens has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over 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 nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to compensate him for benefits he has been deprived of, and to modify its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black Chatham Veterans Disability Attorney.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This “bad paper” kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them deserve honest answers regarding glenpool veterans disability law firm disability compensation and its impact on money issues in divorce. One of the biggest myths is that ralston veterans disability attorney can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans’ compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against Blacks was systematic 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 was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim and, if necessary, submit additional evidence. A lawyer who is knowledgeable about the VA’s issues can be more understanding of your circumstances. This could be a great asset in your appeals.

A veteran’s claim for disability is usually rejected because the agency didn’t accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your health condition. For example, a medical expert might be able prove that the pain you feel is related to your service-connected injury and that it is disabling. They might be able assist you in getting the medical records you require to support your claim.

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