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25 Shocking Facts About Veterans Disability Attorney

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작성자 Marcelino
조회 2회 작성일 24-08-07 09:35

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday, 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 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans disability lawsuit (look here) in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA compensate him for benefits it has deprived him of and to change its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of 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 appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color 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 the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop 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. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans disability lawyer with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied access 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, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are 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. If you're thinking of appealing an appeal, it's essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer is able to examine the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer also knows the challenges of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your situation. A medical professional could, for instance, be able prove that your pain is due to your service-related injury, and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.

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