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10 Wrong Answers To Common Veterans Disability Attorney Questions Do Y…

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Chantal 24-06-27 17:46 view95 Comment0

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability Lawsuits (Inprokorea.Com)

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant 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 significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old 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 much greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to pay him back the benefits they have denied him, and to alter their policies on race, 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 that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.

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 troops and equipment into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims by creditors and family members including alimony and child support.

Conley Monk, 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, but later his discharge was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. His battle for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a much more frequent rate 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 discrimination against blacks was systematic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A qualified lawyer can examine the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your health condition. For instance medical experts might be able demonstrate that the pain you feel is related to your service-connected injury and is causing impairment. They may be able to assist you in getting the medical evidence you need to support your claim.

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