This Week s Top Stories Concerning 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 profit from veterans with disabilities to make money frequently use their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has a huge victory. But it comes with a significant cost.

Class Action Settlement

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

Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, veterans disability lawsuit employment and home. He is requesting that the VA compensate him for benefits it has deprived him of and to change its policies on race discharge status, 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 submitted on behalf of the National veterans disability law firms Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

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

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his 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, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied 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 veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence, should it be required. A lawyer also knows the difficulties involved in dealing with the VA and could create a higher level of empathy for your circumstance. This could be a great asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury and is disabled. They might also be able help you obtain the medical records required to prove your claim.