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The No. One Question That Everyone Working In Veterans Disability Atto…

작성일 24-08-10 23:09

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작성자Clarence 조회 6회 댓글 0건

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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 exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

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

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks monetary damages and also to decide to require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members with the exception 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 from the combat zones. He was awarded numerous medals, but later he received a discharge that was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firms Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

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 swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. The lawyer will also understand the challenges involved in dealing with the VA and can increase the level of empathy for your circumstance. This can be a huge benefit in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. For example an expert in medical practice might be able prove that the pain you suffer is due to your service-related injury and is disabling. They might also be able to assist you get the medical records required to prove your claim.

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