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Veterans Disability Attorney: The Good, The Bad, And The Ugly

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작성자 Mohammad Follet… 댓글 0건 조회 11회 작성일 24-06-29 20:14

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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 taken advantage of by lawyers who use their benefits as a cash cow. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has led him, and other black vets, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to repay him for the benefits he has been deprived of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and also to decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors in the case of 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 out of combat zones. He was awarded numerous medals, but later his discharge was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a much more frequent rate than his white counterparts. 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 disability law firm Legal Services Clinic at Yale Law School. It asserts 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 Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstances. This could be a great asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For example medical experts might be able demonstrate that the pain you feel is due to your service-related injury and that it is causing you to be disabled. They might also be able help you obtain the medical records that are required to prove your claim.

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