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20 Myths About Veterans Disability Attorney: Dispelled

작성일 24-06-16 03:02

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작성자Carlton 조회 18회 댓글 0건

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He demands that the agency repay him for the benefits he has been deprived of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving the most traumatic memories with each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call 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 numerous medals, but the discharge he received was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability attorney like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. If you're considering appealing the decision, it is essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can review the evidence that was used to justify your claim and present new and additional evidence in the event of need. The lawyer will also understand the challenges of dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to prove that your pain is caused by the injury you sustained while working and is disabling. They might also be able to help you obtain the medical records that are required to prove your claim.

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