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What Do You Think? Heck Is Veterans Disability Attorney?

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  • Samara Hammons 작성
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and 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 disability attorney over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA compensate him for benefits he was deprived of and to change its policies regarding race discharge status, 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. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks monetary damages and also to require the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about 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 disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence should it be required. A lawyer who is knowledgeable about the VA's issues can be more understanding of your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional proof of your health condition. For instance medical experts might be able prove that the pain you experience is a result of your service-related injury and is causing impairment. They might assist you get the medical records that are required to prove your claim.

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