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"Ask Me Anything:10 Responses To Your Questions About Veterans Di…

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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 often rely on their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a huge cost.

Class Action Settlement

The Department of veterans disability law firm Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. 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 greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to pay him back for benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status, and 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 made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These 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 due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort 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 victims of sexual assault.

Alimony Discrimination

The veterans disability lawyer who have served our country in uniform or those who are their companions deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but his discharge was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long, winding path.

He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and pervasive, according 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 and did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit new and additional proof. A lawyer also knows the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This could be a valuable benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not properly described their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will be able work with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able show that your pain is caused by your service-related injury, and is in a way limiting. They may also be able help you obtain the medical records that are needed to support your claim.
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