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Veterans Disability Attorney: The Ugly Truth About Veterans Disability…

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작성자 Sheldon 댓글 0건 조회 34회 작성일 24-06-04 21:52

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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 targeted by lawyers who make use of their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing 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 in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and 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 in the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to pay him back the benefits it has denied him and to amend their policies on race and discharge status as well as 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories each time he applied and re-application for benefits the suit states.

The lawsuit is seeking monetary damages and also to orally order the VA to examine the systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or Veterans Disability lawsuits who accompany them require truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members, Veterans disability lawsuits except for alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit brought 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.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're considering appealing an appeal, it's essential to do so as soon as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and, if needed, provide additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and can increase the level of empathy for the situation. This can be an important asset in your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency has not correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able to demonstrate that your pain is due to your service-related injury and is disabled. They could be able to assist you in obtaining the medical records needed to support your claim.

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