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Veterans Disability Attorney: The Good, The Bad, And The Ugly

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작성자 Candice
댓글 0건 조회 28회 작성일 24-06-15 21:33

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You should hire 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 issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and 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 past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits they have denied him and to change their policies regarding race and discharge status as well as 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors including child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding path.

He was denied services at an rate that was much higher than his white peers. According to the lawsuit filed in his behalf by the National veterans disability law firms Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who knows the VA's issues can be more understanding of your circumstances. This could be a great benefit in your appeals process.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical experts to provide additional proof of your medical condition. A medical professional, for example, may be able prove that the pain you are experiencing is due to your service-related injury, and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.

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