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Why Nobody Cares About Veterans Disability Attorney

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Malcolm Alder 24-06-29 00:02 view79 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. This is why you require an attorney who is licensed to manage 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. But it comes with cost.

Class Action Settlement

The Department of veterans disability lawyer Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a 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. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to compensate him for benefits that it has taken him out of and to alter its policies regarding race discharge status, 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 by way of 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 revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have previously rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A qualified lawyer can examine the evidence that was used to support your claim and submit new and additional evidence if necessary. The lawyer will also be aware of the challenges of dealing with the VA and could increase the level of empathy for your situation. This could be a great advantage in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and is causing you to be disabled. They might also be able help you obtain the medical records that are needed to support your claim.

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