What Are The Reasons You Should Be Focusing On Improving Veterans Disability Attorney

What Are The Reasons You Should Be Focusing On Improving Veterans Disa…

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for benefits it has denied him, and to modify their policies on race and discharge status as well as 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans disability law firm.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving the most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from family members and creditors including child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and winding journey.

He was denied services at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer who is qualified can examine the evidence used to prove your claim and then submit additional evidence, in the event of need. A lawyer also knows the challenges involved in dealing with the VA and this could create a higher level of empathy for your circumstance. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your situation. For instance, a medical expert might be able prove that the pain you feel is related to your service-connected injury and that it is causing impairment. They may also be able help you get the medical records that are needed to support your claim.
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