What Do You Think Heck What Exactly Is Veterans Disability Attorney

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Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He demands that the agency compensate him for benefits he was deprived of, and to modify its policies regarding race as well as 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. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to order the VA to review the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members including child support and alimony.

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

He was denied at an amount that was significantly higher than white people. This racial discrimination was systemic and pervasive, according to 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 suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you're considering appealing a decision, it is essential to do so immediately. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide additional evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be an invaluable advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that your pain is a result of your service-related injury and is debilitating. They may also be able to assist you get the medical records required to support your claim.