Why Nobody Cares About Veterans Disability Attorney

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작성자 Marylyn
댓글 0건 조회 83회 작성일 24-06-20 03:33

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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 to make a profit. 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 deadly aircraft carrier crash has won a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to pay him back the benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

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

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans disability lawsuit' payment from claims brought by family members and creditors including child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

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 fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if needed, provide new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and could create a higher level of empathy for your circumstance. This could be a great benefit to your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They may assist you obtain the medical records required to prove your claim.

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