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This Week's Most Popular Stories Concerning Veterans Disability Attorn…
Zac Lovelace | 24-06-29 08:53 | 조회수 : 48
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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 to make a profit. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier which killed dozens has won a significant victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to reimburse him for 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 last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them need honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the albert lea veterans disability law firm Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA knew about and did not take action to take action to end 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 when the applicant is not satisfied with to a decision of the agency. If you are considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A qualified lawyer can examine the evidence that was used to back your claim and provide new and additional evidence should it be required. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting 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 expert, for example, may be able to demonstrate that your pain is caused by your service-related injury and is disabled. They may also be able help you obtain the medical records needed to support your claim.

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