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Why Nobody Cares About Veterans Disability Attorney

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작성자 Porter
댓글 0건 조회 44회 작성일 24-06-28 17:02

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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 should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and 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 over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

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

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of 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. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by family members and creditors including child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however the discharge he received was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 fast as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence, in the event of need. The lawyer will also understand the challenges involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be an invaluable advantage in the appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly described their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to work with medical experts to provide additional proof of your medical condition. A medical expert could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabled. They may be able to assist you in getting the medical records required to prove your claim.

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