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What's The Most Important "Myths" About Veterans Disability …
Moshe | 24-06-05 11:08 | 조회수 : 66
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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 victimized by lawyers who use their benefits as a way to earn money. This is why you require a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner 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. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA repay him for the benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Veterans Disability Lawsuits Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 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 a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors in the case of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at an amount that was significantly higher than white people. 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 Veterans disability Lawsuits widespread. The lawsuit claims that the VA was aware of but did not address decades-long 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 essential to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal meets all requirements and it gets a fair hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your situation. For example an expert in medicine might be able prove that the pain you experience is due to your service-related injury and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.

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