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10 Untrue Answers To Common Veterans Disability Attorney Questions: Do…
Verena | 24-06-28 02:52 | 조회수 : 6
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed a number of people has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans disability attorney. 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 more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the VA to reimburse him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination 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 vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to review systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that courts in the state can garnish veterans disability lawyers' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied at a rate significantly higher than white people. 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 racial bias was systemic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's important that you do so in the earliest time possible. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all requirements and you are given a fair hearing.

A licensed lawyer can review the evidence that was used to support your claim and submit additional evidence and documentation in the event of need. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable benefit in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A reputable lawyer will also be able to collaborate with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and that it is causing disability. They may also be able to assist you get the medical records that are required to support your claim.

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