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Ask Me Anything: 10 Answers To Your Questions About Veterans Disabilit…

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작성자 Eddie 댓글 0건 조회 22회 작성일 24-06-03 23:33

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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 taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with an expense.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He demands that the agency pay him back for benefits it has deprived him of and to alter its policies regarding race as well as 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 which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most painful memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and Veterans Disability Lawsuits wants the court require the VA to examine its the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but then the discharge he received was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a more frequent rate than his white counterparts. 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, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an impartial hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer will also know the challenges involved in dealing with the VA and could result in a greater degree of understanding for your situation. This could be a great asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly described their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional proof of your health condition. For example an expert in medicine might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.

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