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Why You Should Forget About Improving Your Veterans Disability Attorne…

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Alejandrina Str… 24-07-01 08:04 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 frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to pay him back for benefits it has deprived him of and to change 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 last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawsuit Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm from reliving the most traumatic memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members in the case of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is essential to appeal a decision as swiftly as you are able. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence that supports your claim, and if needed, provide additional and more convincing evidence. The lawyer will also understand the challenges involved in dealing with the VA and can lead to a greater level of understanding for your situation. This could be a valuable asset in your appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. For example an expert in medicine might be able prove that the pain you feel is a result of your service-related injury and is causing disability. They may assist you get the medical records that are required to prove your claim.

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