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28 Jun 2024

Why Nobody Cares About 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 taken advantage of by lawyers who use their benefits to make a profit. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than 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 from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he has been deprived of and to alter its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black dinuba veterans disability law firm Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white sheridan Veterans Disability Lawyer between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by 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. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This “bad paper” kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to orally order the VA to examine its systems-wide PTSD bias. This is the latest attempt 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

Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans’ VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans’ payments from claims by family members and creditors including child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, according to 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. It claims that the VA was aware of and did not confront decades-old 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 an opinion of the agency. If you’re thinking of appealing the decision, it is crucial to file an appeal as soon as possible. An experienced lawyer in veteran disability appeals can help ensure that your appeal is in line with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This can be a significant benefit in your appeals.

One of the most common reasons that a veteran’s claim for disability is denied is due to the agency has not properly defined their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your medical condition. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury, and is disabled. They might be able assist you in getting the medical records required to support your claim.

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