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7 Small Changes That Will Make The Difference With Your Veterans Disability Attorney

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

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life as well as their employment and education. He demands that the agency pay him back for benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National veterans disability lawyer Council for Legal Redress and the Black Veterans Project. The data showed that Black veterans disability law were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, Veterans Disability Litigation and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That “bad paper” prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and wants the court decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans’ payments from claims by creditors and family members in the case of child support and alimony.

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

He was denied benefits at a much higher rate than white counterparts. 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 discrimination was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans disability lawsuit similar to him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability lawyers Disability litigation [tiresright.com] disability can help ensure that your appeal meets all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the VA’s challenges can be more sympathetic to your situation. This could be a valuable benefit in your appeals process.

A veteran’s claim for disability is often denied because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury and is disabled. They might also be able help you get the medical records required to support your claim.

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