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The Reason The Biggest "Myths" About Veterans Disability Att…

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작성자 Erna Fifield
조회 2회 작성일 24-06-28 04:53

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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 as a source of cash. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He demands that the agency reimburse him for benefits he was deprived of, and to modify its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made 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 be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. 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 cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories with each application and re-application, the suit states.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability law firms' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied services at an amount that was significantly higher than white people. 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 discrimination against blacks was systematic and widespread. The suit claims 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.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and could increase the level of empathy for the situation. This can be an important advantage in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is properly 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 health condition. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury and that it is in a way limiting. They may be able to assist you in obtaining the medical records needed to support your claim.

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