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What Are The Biggest "Myths" Concerning Veterans Disability …

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Alexis 24-06-02 08:41 view384 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 disability lawsuit (Related Site) to earn money frequently use their benefits. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. However, it comes at a price.

Class Action Settlement

The Department of veterans disability lawyer Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for Veterans disability Lawsuit white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial compensation and also asks the court to require 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 force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or 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 most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, Veterans Disability Lawsuit who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied access at an rate that was much higher than white people. According to the lawsuit filed on 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 asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide additional evidence should it be required. The lawyer will also be aware of the difficulties of dealing with the VA, and this can lead to a greater level of understanding for your situation. This can be a significant benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly characterized their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is due to the injury you sustained while working and is in a way limiting. They could be able to assist you in getting the medical records required to support your claim.

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