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25 Surprising Facts About Veterans Disability Attorney

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Bettie 24-06-03 01:30 view492 Comment0

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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 exploited by attorneys who use their benefits as a way to earn money. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA pay him back the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from family members and creditors with the exception of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and Veterans Disability Lawsuits the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's essential to do so as soon as possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your medical condition. A medical expert is one example. They may be able to prove that your pain is caused by your service-related injury and that it is debilitating. They might also be able to assist you get the medical records that are required to support your claim.

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