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

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댓글 0건 조회 31회 작성일 24-06-07 13:21

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of veterans disability lawyer Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a 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 higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the agency to repay him for the benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans disability law firms of color was 6.3 percent higher than white veterans.

Discrimination in 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 veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and firm other benefits.

He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories with each application and re-application, the suit says.

The lawsuit seeks financial compensation, and wants the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors, except for alimony and child support.

Conley Monk volunteered 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 was discharged that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous road.

He was denied services at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

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 essential to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.

A competent lawyer will review the evidence that supports your claim and, when necessary, submit new and additional proof. A lawyer who knows the VA's issues can be more sympathetic to your situation. This can be a huge asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is disabling. They may assist you get the medical records needed to support your claim.

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