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Why No One Cares About Veterans Disability Attorney

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작성자 Albertina McCas… 댓글 0건 조회 7회 작성일 24-08-11 04:26

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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 targeted by lawyers who make use of their benefits as a way to earn money. You require an attorney who is licensed to deal with 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 a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. 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 greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an 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 it has not provided him, and to modify their policies on race and discharge status as well as 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed 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 disability law firms.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to review 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 long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

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

A qualified lawyer can review the evidence to support your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and can result in a greater degree of empathy for the situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to work with medical professionals to provide additional proof of your condition. A medical expert could, for instance, be able to demonstrate that your pain is due to the injury you sustained while working and is debilitating. They might assist you obtain the medical records that are needed to support your claim.

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