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25 Amazing Facts About Veterans Disability Attorney

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작성자 Stewart
댓글 0건 조회 13회 작성일 24-06-30 11:09

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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies regarding race discharge status, 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted 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, but later the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than 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 disability law firm Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

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

A qualified lawyer can review the evidence to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This can be an important benefit to your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not correctly described their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your situation. For example, a medical expert might be able prove that the pain you are experiencing is related to your service-connected injury and that it is disabling. They may also be able to help you obtain the medical records required to prove your claim.

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