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Ten Things You Need To Learn About Veterans Disability Attorney

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작성자 Carolyn 댓글 0건 조회 11회 작성일 24-06-28 22:02

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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 victimized by lawyers who use their benefits as a cash cow. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won an important victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on 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 claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the agency to compensate him for benefits he has been deprived of and to amend its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed 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 likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court to order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

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 important to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability attorney disability can help ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer also knows the challenges of dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be a valuable benefit to your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly characterized their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional for instance, might be able to prove that your pain is due to your service-related injury and that it is disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.

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