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25 Surprising Facts About Veterans Disability Attorney

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Alan 24-07-01 03:40 view168 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 frequently targeted by lawyers who make use of their benefits as a cash cow. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash that killed a number of people has won a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying 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. According to records obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race and discharge status as well as 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 likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine the 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 sexual assault survivors.

Alimony Discrimination

Those who served in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but then he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding path.

He was denied at the rate of significantly more than white people. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer who is qualified can examine the evidence that was used to support your claim and submit additional evidence and documentation when needed. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of understanding for your situation. This could be a great advantage during your appeals procedure.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical experts to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They could be able to assist you in getting the medical records you require to support your claim.

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