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Its History Of Veterans Disability Attorney

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작성자Marcella 조회 13회 작성일 24-06-16 03:18

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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. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a huge 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 at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA repay him for the benefits he has been deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the 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 disability lawsuit from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and 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. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories with each application and re-application for benefits, the suit claims.

The lawsuit is seeking monetary damages and wants the court orally order the VA to look into the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, as per 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 asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an impartial hearing.

A qualified lawyer will be able to review the evidence used to prove your claim and then submit additional evidence, when needed. A lawyer will also know the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected 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, thus granting you to receive the benefits that you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing impairment. They might be able assist you in getting the medical records required to prove your claim.

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