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Responsible For An Veterans Disability Attorney Budget? 12 Top Notch W…

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작성일 24.08.06 21:43

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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. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records 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, says that discrimination by VA has caused him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race and discharge status as well as 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans disability lawyers of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to look into the systemic PTSD bias. It is the latest effort 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

People who have served their nation in uniform and those who accompany them require truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit brought 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 alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

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 important to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA and can result in a greater degree of empathy for your situation. This can be a significant advantage in your appeals.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't properly described their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to work with medical experts to provide additional proof of your medical condition. A medical professional, for example, may be able to demonstrate that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might also be able to assist you obtain the medical records needed to support your claim.
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