A Look At The Ugly Real Truth Of Veterans Disability Attorney

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작성자 Roberta
댓글 0건 조회 117회 작성일 24-06-10 12:51

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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans disability attorneys to be affected in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to pay him back the benefits they have denied him, and to modify 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 via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans disability lawyers from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

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

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors, except for child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding road.

He was denied at an rate that was much 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 suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like Monk.

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 quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This can be a valuable benefit to your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your condition. For instance medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and is causing you to be disabled. They might be able assist you in getting the medical records required to prove your claim.

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