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The Most Pervasive Problems With Veterans Disability Attorney

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Brooke 작성일24-08-01 22:01

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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 make money frequently use their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies 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. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits that it has taken him out of and to change its policies regarding 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 results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experienceslack eagle point veterans disability attorney. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing an appeal, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A licensed lawyer can review the evidence that was used to justify your claim and present new and additional evidence if necessary. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This could be a great benefit to your appeals.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency has not correctly described their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert for instance, might be able show that your pain is caused by your service-related injury, and is in a way limiting. They may also be able to help you get the medical records that are needed to support your claim.

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