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20 Trailblazers Setting The Standard In Veterans Disability Attorney

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작성자 Harrison
조회 4회 작성일 24-06-28 04:52

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

veterans disability law firm with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes with an expense.

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, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to compensate him for benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made 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 receive a disability claim than white veterans disability law firm between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against 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 access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. If you are considering appealing a decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of empathy for your situation. This could be a great benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury and is in a way limiting. They might also be able to assist you obtain the medical records required to support your claim.

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