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10 Reasons You'll Need To Be Educated About Veterans Disability Attorn…

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작성자 Rodger Wekey
댓글 0건 조회 4회 작성일 24-06-27 21:26

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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 cash cow. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. However, it comes with a significant cost.

Class Action Settlement

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

Monk, a retired psychiatric nursing, claims that discrimination at the hands of 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 is requesting that the VA reimburse him for the benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black veterans disability attorney Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine its systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans disability lawyer who were in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans 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 crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This could be a great benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. A medical expert for instance, might be able to demonstrate that your pain is a result of your service-related injury and is debilitating. They may also be able to help you get the medical records needed to support your claim.

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