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Veterans Disability Attorney: The Good, The Bad, And The Ugly

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작성자 Skye 작성일24-08-03 23:21 조회3회 댓글0건

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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 profits often make use of their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. But it comes with the cost of.

Class Action Settlement

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

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. Monk wants the VA to reimburse him for the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of 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 trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you are considering appealing an agency decision, it's important to appeal immediately. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and should it be necessary, present new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can result in a greater degree of empathy for the situation. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly characterized their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your health condition. A medical professional is one example. They may be able to prove that your pain is due to your service-related injury and that it is disabled. They may also be able help you get the medical records that are required to prove your claim.

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