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10 Quick Tips About Veterans Disability Attorney

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작성자 Geoffrey 댓글 0건 조회 22회 작성일 24-05-17 22:18

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

Attorneys who profit from disabled veterans to make money often rely on their benefits. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision which killed dozens has won a significant victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA reimburse him for the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Veterans Disability Lawsuits Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawsuit, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories in each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and wants the court orally order the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know 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 may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. The discrimination was racial and pervasive, according 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. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if needed, provide new and additional proof. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might also be able help you get the medical records needed to support your claim.

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