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The 10 Worst Veterans Disability Attorney-Related FAILS Of All Time Co…

작성자 작성자 Willian · 작성일 작성일24-06-21 12:37 · 조회수 조회수 45

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney that is licensed to handle 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 clinched a major victory. But it comes with a hefty cost.

Class Action Settlement

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

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. Monk wants the VA to pay him back for benefits it has deprived him of, and to modify its policies regarding race discharge status, 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 via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional harm as he relived some of his most painful memories with each application and re-application, the suit claims.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence, in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great advantage in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing impairment. They may also be able to help you obtain the medical records required to prove your claim.

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