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There Is No Doubt That You Require Veterans Disability Attorney

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Author Ruben 작성일24-06-26 15:13 Views5

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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 an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much 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 records obtained by Monk, 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 last three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans disability lawyers to be affected in ways that have affected their health, homes or work and education. He wants the agency to compensate him for benefits he has been deprived of, and to modify its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most painful memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and wants the court order the VA to examine its systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths 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 has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than his white peers. 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 racial discrimination was systemic 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 similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and that it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This could be a valuable benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. For instance medical experts might be able prove that the pain you experience is a result of your service-connected injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.

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