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Your Worst Nightmare About Veterans Disability Attorney Be Realized

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작성자 Ariel
댓글 0건 조회 149회 작성일 24-06-19 18:55

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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 often use their benefits. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major 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 which is much 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He wants the agency to reimburse him for benefits he was deprived of and to amend its policies regarding race discharge status, discharge status and 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 Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on 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 housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

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

The lawsuit seeks financial damages and wants the court require the VA to review the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. 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, this racial bias was systemic and widespread. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're thinking of appealing the decision, it is essential to do so as soon as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can examine the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer will also know the challenges involved in dealing with the VA and this could result in a greater degree of understanding for your situation. This can be an invaluable advantage during your appeals procedure.

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

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