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What Do You Think? Heck What Is Veterans Disability Attorney?

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Sommer 24-06-03 01:42 view372 Comment0

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies 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. He claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency reimburse him for benefits it has deprived him of and to change its policies on 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 information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of 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. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to revers the discharge and Veterans Disability Lawsuits was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to require the VA to review systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered 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 for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according 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 but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit new and additional proof. A lawyer will also know the difficulties of dealing with the VA and this could lead to a greater level of understanding for your situation. This can be a huge asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They may also be able to help you obtain the medical records required to support your claim.

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