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Why Veterans Disability Attorney Isn't A Topic That People Are Interes…

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작성자 Reva 댓글 0건 조회 9회 작성일 24-06-30 09:23

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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 exploited by attorneys who use their benefits to make a profit. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. But it comes at a price.

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 disability lawyers, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA compensate him for the benefits it has denied him and to change their policies on 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

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

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into 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. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm as he relived the most traumatic memories each time he applied and re-application, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied services at an amount that was significantly higher than his white peers. According to the lawsuit filed in 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 suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. If you are considering appealing the decision, it is important that you do so immediately. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A competent lawyer will review the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA and could lead to a greater level of empathy for your circumstance. This could be a great benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional proof of your situation. For instance an expert in medicine might be able prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.

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