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The 10 Most Worst Veterans Disability Attorney FAILS Of All Time Could…

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Steven 24-06-22 04:24 view228 Comment0

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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed a number of people has won a significant victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday that 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of 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 he was deprived of and to alter its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans 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 the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt 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 victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans disability law firms.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A lawyer who is qualified can examine the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstance. This can be a valuable benefit in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional proof of your health condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is disabled. They might also be able to assist you obtain the medical records that are required to prove your claim.

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