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    Veterans Disability Attorney: The Good, The Bad, And The Ugly

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    작성자 Jolene
    댓글 0건 조회 36회 작성일 24-08-09 19:32

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

    Attorneys who profit from veterans with disabilities to make money frequently use their benefits. This is the reason you need a attorney who is accredited to manage VA claims.

    A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier collision has won a major victory. However, it comes with a significant price tag.

    Class Action Settlement

    The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, 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. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

    Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the VA to reimburse him for benefits they have denied him and to change their 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 via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability lawyers between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

    PTSD Discrimination

    The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

    Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

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

    The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

    Alimony Discrimination

    Those who served in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors with the exception of child support and alimony.

    Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and winding journey.

    He was denied benefits at a higher rate than white counterparts. The discrimination was racial and widespread, according to the lawsuit brought 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 address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like 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. If you're considering appealing an appeal, it's important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

    A competent lawyer will review the evidence used to support your claim and, if necessary, submit additional evidence. The lawyer will also understand the challenges of dealing with the VA and could result in a greater degree of empathy for your situation. This can be an invaluable advantage during your appeals procedure.

    One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't properly classified their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional for instance, might be able to prove that your pain is due to the injury you sustained while working and is in a way limiting. They may assist you get the medical records that are needed to support your claim.

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