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Veterans Disability Attorney: 10 Things I'd Like To Have Known In…

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Writer Twila Date24-04-26 10:55 Hit17

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glendale veterans disability attorney 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 frequently use their benefits. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has won a major victory. But it comes with the cost of.

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 at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and leewhan.com other black veterans to be affected in ways that have affected their health, home or work and education. He demands that the agency repay him for the benefits he was deprived of and to change its policies on 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. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each and Harrison Veterans Disability Lawyer every application for benefits.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that Morrow veterans disability Attorney can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed on 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 suit claims that the VA was aware of and failed to deal with decades of 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 person is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence to support your claim and, if needed, provide additional evidence. A lawyer who knows the VA's issues can be more understanding of your circumstances. This could be a great advantage in your appeals.

One of the primary reasons a veteran's disability claim is denied is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able to demonstrate that your pain is a result of the injury you sustained while working and is in a way limiting. They could be able to assist you in getting the medical records you require to prove your claim.