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Ten Things You Need To Know About Veterans Disability Attorney

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작성자 Devin Wahl
댓글 0건 조회 97회 작성일 24-06-17 14:57

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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 profits often make use of their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans Disability law Firms, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits that it has taken him out of and to amend its policies on race discharge status, discharge status, and denial rates.

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

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid 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. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application, the suit says.

The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. According to the lawsuit filed in his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA knew about and failed to address 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 person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's crucial to file an appeal immediately. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all the requirements and that it gets a fair hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence, if necessary. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to 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 lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your situation. A medical professional could, for instance, be able prove that your pain is due to your service-related injury and is in a way limiting. They may be able to assist you in getting the medical records required to support your claim.