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15 Top Veterans Disability Attorney Bloggers You Should Follow

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작성자 Mellisa 댓글 0건 조회 15회 작성일 24-06-24 16:05

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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 earn profits often make use of their benefits. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than 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 psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He would like the VA to reimburse him for benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National veterans disability lawyers 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 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to review the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA's Board of veterans disability law firm Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A qualified lawyer is able to examine the evidence used to justify your claim and present new and additional evidence should it be required. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of empathy for the situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your condition. For example an expert in medicine may be able to show that the pain you feel is a result of your service-connected injury and that it is disabling. They may also be able assist you in getting the medical records required to support your claim.

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