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20 Myths About Veterans Disability Attorney: Dispelled

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Writer Deanne 24-04-04 18:00

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

Attorneys who profit from disabled veterans to earn money frequently use their benefits. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has a huge victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, 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 is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to reimburse him for Veterans Disability Attorney benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans disability law firm.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and wants the court orally order the VA to look into systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve truthful answers regarding the disability benefits of Veterans Disability Attorney and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding route.

He was denied access at an rate that was much higher than his white peers. This racial discrimination was systemic 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. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability attorneys who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. If you're considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstance. This could be a great advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able work with medical experts to provide additional proof of your medical condition. For instance an expert in medicine might be able prove that the pain you feel is a result of your service-connected injury and that it is causing disability. They could be able to assist you in getting the medical evidence you need to support your claim.

contact

SIWOO E&T
Representation : Kang Musung
Address : No 10, Street 64,
Tan Quy Dong Residential Area,
Tan Phong Ward, Dist. 7,
HCMC. Vietnam
SIWOO E&T ( Head Office )
Address : 17, Haeun-daero 205beon-gil,
Haeundae-gu, Busan, Korea
 
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