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"The Ultimate Cheat Sheet" For Veterans Disability Attorney

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작성자 Claudia 댓글 0건 조회 9회 작성일 24-06-23 17:25

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won a major victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for the benefits it has denied him, and to modify their policies regarding race and discharge status as well as 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 that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed 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 basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment 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. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after getting into 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 and difficult path.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of veterans disability law firm Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you are considering appealing an agency decision, it's essential to do so in the earliest time possible. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal meets all requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and should it be necessary, present additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and this could create a higher level of empathy for your situation. This can be an important asset in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able of working with medical experts to provide additional proof of your medical condition. For instance an expert in medical practice could be able to prove that the pain you experience is a result of your service-connected injury and that it is causing disability. They may also be able help you obtain the medical records that are required to prove your claim.

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