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The Ugly Truth About Veterans Disability Attorney

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작성자 Louann Broughto…
댓글 0건 조회 13회 작성일 24-06-23 13:43

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a significant victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying 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 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 much higher rate than white veterans during the past three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He is requesting that the VA compensate him for benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as 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 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color 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 is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a higher rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

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. If you're thinking of appealing the decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer will be able to review the evidence that was used to back your claim and provide additional evidence when needed. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstance. This can be a significant benefit to your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly described their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may be able to assist you in obtaining the medical records needed to support your claim.

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