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The Most Pervasive Problems In Veterans Disability Attorney
Rosalinda | 24-06-16 08:35 | 조회수 : 129
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

orem veterans disability law firm with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black orange veterans disability attorney in denying their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and also to orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted 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 several medals, however he received a discharge that was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied access at an rate that was much higher than his white peers. 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, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of 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 claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide additional evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able to work with medical experts to provide additional proof of your situation. A medical professional is one example. They may be able to demonstrate that your pain is caused by your service-related injury and is debilitating. They may also be able assist you in getting the medical evidence you need to support your claim.

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