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29 Jun 2024

Why People Don’t Care About Veterans Disability Attorney

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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. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white auburn veterans disability lawsuit during the last three decades.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and Vimeo education. He is requesting that the VA reimburse him for benefits they have denied him and to change their policies regarding race, 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This “bad paper” prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks monetary damages and seeks to have the court order the VA to review systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to get 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 nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. 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’s not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans’ compensation from claims by creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black lower burrell veterans disability lawyer. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA and this could create a higher level of empathy for your situation. This can be a valuable 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 to receive the benefits that you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able to demonstrate that your pain is a result of your service-related injury and that it is in a way limiting. They may be able to assist you in obtaining the medical records needed to support your claim.

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