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What NOT To Do With The Veterans Disability Attorney Industry

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Lucio 24-06-28 14:13 view126 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 targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. However, it comes with an expense.

Class Action Settlement

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

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He demands that the agency reimburse him for benefits he has been deprived of and to amend 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 data last year through Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyers Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories through each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than 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 troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at an amount that was 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, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is essential to do so in the earliest time possible. A lawyer with experience in veteran disability appeals can help you ensure that your appeal is in line with all requirements and it gets a fair hearing.

A qualified lawyer will be able to review the evidence that was used to back your claim and provide additional evidence if necessary. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will be able to consult with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records needed to support your claim.

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