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The 3 Largest Disasters In Veterans Disability Attorney History

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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 profits often make use of their benefits. You should hire an attorney who is licensed to handle 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 huge price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black Veterans disability lawsuit were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and also to require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans disability attorneys' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at a more frequent rate than his white peers. This discrimination against blacks was widespread and pervasive, according to 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 claims that the VA was aware of and did not combat decades of 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 disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence used to justify your claim and present additional evidence, in the event of need. The lawyer will also understand the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This can be a huge asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your health condition. For instance an expert in medicine might be able prove that the pain you experience is a result of your service-connected injury and that it is causing disability. They might assist you get the medical records needed to support your claim.
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