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The No. 1 Question Anyone Working In Veterans Disability Attorney Should Be Able Answer

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

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is the reason 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 conditions linked to a deadly aircraft carrier crash 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 that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to pay him back for benefits he has been deprived of and to alter its policies regarding race, 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 Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, Veterans Disability Lawsuits he received an unjust discharge that was not acceptable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and asks the court to order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, Veterans Disability Lawsuits to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A qualified lawyer can review the evidence used to support your claim and submit additional evidence and documentation if necessary. A lawyer also knows the difficulties of dealing with the VA and this could result in a greater degree of understanding for your situation. This can be a significant benefit to your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not properly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury, and is in a way limiting. They might also be able help you get the medical records that are needed to support your claim.

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