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The 10 Most Infuriating Veterans Disability Attorney Fails Of All Time Could've Been Prevented

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  • Lucie Greenleaf 작성
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes with a price.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to pay him back the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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 as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and wants the court order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and difficult route.

He was denied services at a rate significantly higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as soon as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence should it be required. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstance. This could be a great benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional evidence of your medical condition. For instance, a medical expert may be able to show that the pain you feel is a result of your service-connected injury and is causing impairment. They could be able to assist you in getting the medical evidence you need to support your claim.

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