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Veterans Disability Attorney 10 Things I'd Like To Have Learned Earlie… Gary 23-07-02 23:09
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans Disability Lawsuit Disability Lawsuits

Attorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He wants the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans disability lawyers were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the veterans disability settlement Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans disability legal.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for veterans disability Lawsuit alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors, except for alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and Veterans disability lawsuit the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. 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 other veterans.

Appeal

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

A licensed lawyer can review the evidence used to justify your claim and present additional evidence, in the event of need. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This can be an invaluable advantage during your appeals procedure.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will 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 due to your service-related injury and is disabling. They may also be able to help you obtain the medical records required to support your claim.
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