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

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작성자 Astrid
댓글 0건 조회 25회 작성일 24-06-23 17:45

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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won an important victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages, and wants the court to require 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

People who have served in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a more frequent 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, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is important to appeal as soon as possible. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence when needed. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstance. This can be an invaluable benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency has not correctly characterized their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your situation. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They might assist you obtain the medical records that are needed to support your claim.

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