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The Three Greatest Moments In Veterans Disability Attorney History

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Nichole 24-06-22 17:26 view128 Comment0

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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 earn money frequently use their benefits. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the VA to reimburse him for the benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans disability attorney were statistically less likely to receive an appeal for disability than white veterans between 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, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence 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 damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and wants the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors, except for alimony and child support.

Conley Monk, who was a 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 several medals, but then he received a discharge that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a more frequent rate than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability lawsuit. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example medical experts could be able to prove that the pain you feel is due to your service-related injury and is causing disability. They may also be able to assist you obtain the medical records that are needed to support your claim.

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