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Why People Don't Care About Veterans Disability Attorney

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작성자 Jessika Simoi
댓글 0건 조회 12회 작성일 24-06-19 22:28

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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 exploited by attorneys who use their benefits as a cash cow. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that killed dozens of people has won a major 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 higher rate than white veterans, according to the lawsuit filed on 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 in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. Monk wants the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race, discharge status, and 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, 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 appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans disability lawyers than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by creditors and family members including child support and alimony.

Conley Monk accepted a call 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, however was discharged that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as quickly as you are able. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This can be an invaluable asset in your appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't properly defined their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your situation. For instance medical experts might be able prove that the pain you feel is a result of your service-connected injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.

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