Veterans Disability Attorney 10 Things I'd Loved To Know Sooner

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작성자 Jens
댓글 0건 조회 18회 작성일 24-06-20 07:59

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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 victimized by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a huge price tag.

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 a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA compensate him for the benefits that it has denied him, and to alter their policies on race, discharge status, and 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 which they submitted 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 an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits the suit says.

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

Alimony Discrimination

Those who served in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans disability law firms' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied 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, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is important to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all requirements and it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a significant advantage in your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For instance, a medical expert could be able to prove that the pain you experience is a result of your service-related injury and that it is causing disability. They may be able to assist you in getting the medical records required to prove your claim.

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