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It's The Complete Cheat Sheet On Veterans Disability Attorney

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작성자 Rosaria 댓글 0건 조회 7회 작성일 24-06-25 17:30

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (read this post from Artrecord)

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. 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 a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He is requesting that the VA compensate him for the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data 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 an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" hindered him from receiving 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. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt 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 victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members including child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince 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 discrimination against blacks was systematic and widespread. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

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 crucial to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an appropriate hearing.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present additional evidence, in the event of need. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your health condition. For example, a medical expert may be able to show that the pain you suffer is a result of your service-related injury and is causing impairment. They might be able assist you in getting the medical records you require to prove your claim.

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