This Week's Top Stories About Veterans Disability Attorney

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댓글 0건 조회 28회 작성일 24-06-16 03:16

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

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits it has denied him, and to alter their policies on 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 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. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability lawsuit between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by family members and creditors including alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied at a rate significantly 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A licensed lawyer can review the evidence used to justify your claim and present additional evidence should it be required. A lawyer also knows the difficulties involved in dealing with the VA and could result in a greater degree of understanding for your situation. This can be an invaluable advantage during your appeals procedure.

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 correctly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury and is disabled. They might assist you obtain the medical records needed to support your claim.

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