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The No. Question That Everyone In Veterans Disability Attorney Should …
Naomi Baudinet | 24-07-01 08:14 | 조회수 : 27
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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 targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes with a significant cost.

Class Action Settlement

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

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He would like the VA to reimburse him for the benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black meridian veterans disability lawyer. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to review systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied services at an amount that was significantly higher 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 Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting 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 is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your situation. This can be a valuable benefit in your appeals.

One of the main reasons a veteran's disability claim is denied is because the agency hasn't correctly described their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. For example an expert in medicine might be able prove that the pain you suffer is related to your service-connected injury and is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to support your claim.

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