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10 Wrong Answers For Common Veterans Disability Attorney Questions Do …

Tara
2024.08.04 20:59 51 0

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn profits often make use of their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

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

Class Action Settlement

The Department of veterans disability lawyers Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the VA to reimburse him for the benefits it has denied him, and to alter their policies regarding race and discharge status as well as 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, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in 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. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional harm as he relived the most traumatic memories each time he applied and re-application, the suit says.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans Disability law firms can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or 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 numerous medals, but the discharge he received was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National veterans disability law firm 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 address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim and, when necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of understanding for your situation. This can be an important benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. For example an expert in medicine might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing disability. They may assist you obtain the medical records required to support your claim.

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