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25 Unexpected Facts About Veterans Disability Attorney

Alex
2024.08.05 18:55 44 0

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (super fast reply)

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney that is licensed to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of veterans disability lawyers Affairs discriminates against Black veterans in 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. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed 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 the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional trauma from reliving some of his most painful memories in each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and wants the court require the VA to review systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve truthful information about veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by family members and creditors including alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A lawyer who is qualified can examine the evidence used to justify your claim and present new and additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and could result in a greater degree of understanding for your situation. This can be an important asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and that it is disabling. They might also be able help you obtain the medical records that are needed to support your claim.

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