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What The 10 Most Stupid Veterans Disability Attorney Fails Of All Time…

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작성일 24.08.05 17:05

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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 taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. But it comes at a price.

Class Action Settlement

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

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He is requesting that the VA pay him back for benefits he has been deprived of and to alter its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" kept him from obtaining mortgages, tuition assistance 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. He also suffered a lot of emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court order the VA to look into systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its impact on financial 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 isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of 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 out of combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding path.

He was denied access at a rate 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 discrimination was systemic and widespread. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you are considering appealing the decision, it is important to appeal immediately. A lawyer with experience in appeals to veterans disability attorney' disability cases can help ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and if needed, provide new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be a huge asset in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able to prove that your pain is due to your service-related injury, and is in a way limiting. They may also be able help you get the medical records needed to support your claim.
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