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20 Myths About Veterans Disability Attorney: Dispelled

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작성자 Jacquelyn
댓글 0건 조회 7회 작성일 24-08-08 04:32

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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 earn money often rely on their benefits. This is why you should hire an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawsuit Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to review systems-wide 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

Those who served in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation 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 troops and equipment out of combat zones. He was awarded numerous medals, but then his discharge was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who knows the VA's issues can be more sympathetic to your circumstances. This could be a great advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your situation. For instance an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and is disabling. They may also be able help you get the medical records needed to support your claim.
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