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Are You Responsible For The Veterans Disability Attorney Budget? 10 Te…

작성일 24-07-01 14:57

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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 cash cow. This is why you require an attorney who is licensed to deal with 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 an important victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that 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 much higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to reimburse him for benefits he was deprived of and to alter 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 data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim 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 in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories through each application and re-application, the suit states.

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

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you're considering appealing an agency decision, it's essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.

A lawyer with experience can look over the evidence used to support your claim, and if needed, provide new and additional proof. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be a significant advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A professional attorney will also be able work with medical experts to provide additional proof of your medical condition. For example medical experts might be able demonstrate that the pain you are experiencing is due to your service-related injury and that it is causing impairment. They might be able assist you in obtaining the medical records needed to support your claim.

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