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Ask Me Anything: 10 Responses To Your Questions About Veterans Disabil…

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작성자 Tresa Mora 댓글 0건 조회 12회 작성일 24-06-30 17:36

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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes at an expense.

Class Action Settlement

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

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

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans disability Law Firms Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based 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 vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order 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. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to examine its the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on behalf of him by the National veterans disability lawyer Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. If you're considering appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and that you are given a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence and documentation should it be required. The lawyer will also understand the challenges involved in dealing with the VA and can create a higher level of empathy for your situation. This can be a huge 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. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your medical condition. A medical expert is one example. They may be able show that the pain you are experiencing is due to your service-related injury, and is debilitating. They may also be able help you get the medical records required to prove your claim.

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