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What NOT To Do During The Veterans Disability Attorney Industry

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Lucinda 24-06-16 02:38 view188 Comment0

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

veterans disability attorney with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you require an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents 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 during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the VA to reimburse him for the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, 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.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories through each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and seeks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors 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 service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. 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 discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence used to prove your claim and, if necessary, submit new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This can be a valuable benefit in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able show that the pain you are experiencing is due to your service-related injury and that it is disabling. They might also be able help you get the medical records required to support your claim.

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