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Veterans Disability Attorney's History History Of Veterans Disability …

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작성자 Florencia
댓글 0건 조회 11회 작성일 24-06-29 20:27

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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 money often use their benefits. You need an attorney who is certified to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to reimburse him for the benefits they have denied him and to change their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful information about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but later the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at a higher rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be an important benefit in your appeals.

One of the main reasons a veteran's disability claim is denied is because the agency has not properly described their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. An experienced attorney will be able to work with medical experts to provide additional evidence of your situation. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury and that it is in a way limiting. They might also be able to help you obtain the medical records that are required to prove your claim.

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