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What The 10 Most Stupid Veterans Disability Attorney Failures Of All T…

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Emmanuel 24-06-15 17:28 view181 Comment0

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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. However, it comes at the cost of.

Class Action Settlement

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

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. Monk wants the VA to repay him for the benefits it has deprived him of and to alter its policies regarding 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 via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honorable. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors, except for child support and alimony.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied access at an rate that was much higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans disability attorney.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as soon as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This can be an invaluable asset in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your condition. A medical professional could, for instance, be able show that your pain is due to your service-related injury and is disabled. They could be able to assist you in getting the medical records required to prove your claim.

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