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10 Untrue Answers To Common Veterans Disability Attorney Questions Do You Know The Correct Answers?

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes with a hefty price tag.

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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as 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 in the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to 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 an armored transport vehicle and helped move equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and Veterans Disability Lawsuits was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the 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 undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide new and additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your health condition. For instance, a medical expert might be able demonstrate that the pain you feel is related to your service-connected injury and is causing disability. They might also be able to help you get the medical records required to support your claim.

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