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10 Untrue Answers To Common Veterans Disability Attorney Questions Do …

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veterans disability lawsuits (resource for this article) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

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

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He wants the agency to repay him for the benefits he has been deprived of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a 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 prone to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans disability law firms than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages, and wants the court to order the VA to review its systemic PTSD discrimination. It is the latest move 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 sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a much more frequent rate than his 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 racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence, in the event of need. A lawyer also knows the challenges of dealing with the VA and this could create a higher level of empathy for your situation. This can be a significant benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not correctly defined their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able of working with medical professionals to provide additional evidence of your health condition. A medical expert is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might assist you get the medical records required to support your claim.

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Jesenia Barnard 작성일24-06-08 18:51 조회21회 댓글0건

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