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Why The Biggest "Myths" Concerning Veterans Disability Attor…

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작성자 Zita
댓글 0건 조회 26회 작성일 24-06-04 16:17

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has a huge victory. But it comes with a significant price tag.

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 a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He wants the VA to pay him back the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed 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 receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and Lawsuits its effect on money issues in divorce. One of the most common myths is that veterans disability lawyer can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a higher rate than his 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 lawsuit 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 an applicant disagrees with to a decision of the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A competent lawyer will review the evidence used to support your claim, and should it be necessary, present new and additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and can create a higher level of empathy for your situation. This can be a valuable asset in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. For example an expert in medicine might be able prove that the pain you suffer is due to your service-related injury and that it is causing disability. They could be able to assist you in obtaining the medical records needed to support your claim.

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