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The Most Pervasive Problems In Veterans Disability Attorney

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Ned 24-06-23 21:46 view119 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 often exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans disability law Firms in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans disability lawyers over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to pay him back for benefits that it has taken him out of, and to modify its policies on race discharge status, discharge status and denial rates.

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

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is 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 suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit brought in 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 claims that the VA was aware of and failed to take action to end 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 when a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as quickly as you can. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and you are given a fair hearing.

A qualified lawyer will be able to review the evidence that was used to back your claim and provide new and additional evidence in the event of need. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. For example an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-connected injury and is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.

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