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Are You Responsible For An Veterans Disability Attorney Budget? 10 Unf…

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Maricela 24-07-20 03:36 view62 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 source of cash. This is why you should hire a attorney who is accredited to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. 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 the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he was deprived of, and to modify its policies on race, discharge status and denial rates.

Monk and the danville veterans disability lawsuit Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional harm from reliving the most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied benefits at an rate that was much higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. If you are considering appealing an agency decision, it's essential to do so as soon as you can. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to justify your claim and present new and additional evidence in the event of need. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This could be a great benefit in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. An experienced attorney will be able work with medical experts to provide additional evidence of your health condition. For example an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and is causing disability. They could be able to assist you in getting the medical records required to support your claim.

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