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What Are The Biggest "Myths" Concerning Veterans Disability …

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

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, 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 during the last three decades.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Disability attorneys Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led 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 cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and also to decide to require the VA to review the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were 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 rate significantly higher than his white peers. The discrimination was racial 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 asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. If you are considering appealing an appeal, it's essential to do so immediately. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can create a higher level of empathy for your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medicine could be able to prove that the pain you suffer is a result of your service-connected injury and is causing impairment. They might also be able to help you get the medical records that are needed to support your claim.

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