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25 Surprising Facts About Veterans Disability Attorney

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작성자 Andra 댓글 0건 조회 9회 작성일 24-06-27 03:33

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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 to make a profit. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, it comes at a price.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He demands that the agency pay him back for benefits that it has taken him out of and to change its policies on 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 last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black veterans disability attorney Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is 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 to show that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle 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 an honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as 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, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members, except for child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than white peers. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against 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 claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer who is qualified is able to examine the evidence used to justify your claim and present new and additional evidence in the event of need. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstance. This could be a great benefit in your appeals process.

One of the main reasons that a veteran's claim for disability can be denied is because the agency hasn't properly classified their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will also be able of working with medical specialists to provide additional proof of your medical condition. A medical expert is one example. They may be able prove that your pain is due to your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.

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