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4 Dirty Little Secrets About Veterans Disability Attorney Industry Vet…

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작성자 Marcus Takasuka
댓글 0건 조회 19회 작성일 24-06-20 19:03

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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 make profits often make use of their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to compensate him for benefits it has deprived him of and to alter its policies regarding 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 filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most painful memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate than white peers. The discrimination was racial and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. This could be a great benefit in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able of working with medical experts to provide additional evidence of your medical condition. A medical professional, for example, may be able to demonstrate that your pain is a result of the injury you sustained while working and is disabling. They may also be able assist you in getting the medical evidence you need to prove your claim.

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