The Reasons You Shouldn t Think About Improving Your Veterans Disability Attorney — различия между версиями

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies 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 the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for Veterans Disability Lawsuit - Web018.Dmonster.Kr - of color than for veterans disability lawsuit white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from 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 assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatizing memories in each application and re-application for benefits, the suit states.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors in the case of child support and alimony.

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 was awarded numerous medals, but his discharge was less than honorable because there were two battles because of a post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied services at the rate of significantly more 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 disability lawyer Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

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 crucial to appeal a decision as soon as you are able. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence used to support your claim and, if needed, provide additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

A claim for disability from a veteran 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 properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For instance medical experts may be able to show that the pain you suffer is a result of your service-related injury and that it is disabling. They might be able assist you in getting the medical records required to support your claim.