Why People Don t Care About Veterans Disability Attorney

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Attorneys who exploit disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much 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 greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA reimburse him 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 last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color Veterans Disability Lawsuits was 6.3% higher than 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 led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked 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 a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans 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. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but he received a discharge that was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant 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 brought on his behalf by the National veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A licensed lawyer can review the evidence used to support your claim and submit additional evidence should it be required. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able of working with medical professionals to provide additional proof of your health condition. For example an expert in medical practice might be able demonstrate that the pain you suffer is related to your service-connected injury and that it is causing impairment. They may also be able assist you in getting the medical records required to support your claim.