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    10 Wrong Answers For Common Veterans Disability Attorney Questions Do …

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    작성자 Kathlene Wragge
    댓글 0건 조회 38회 작성일 24-08-06 06:06

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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 victimized by lawyers who use their benefits as a cash cow. This is why you require an attorney who is licensed to deal with VA claims.

    A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won a major victory. But it comes with a price.

    Class Action Settlement

    According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

    Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for the benefits it has denied him and to change their policies on race, discharge status, and denial rates.

    Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National veterans disability law firm Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

    Discrimination based on PTSD

    According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. 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 provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

    Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

    He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.

    The lawsuit seeks financial damages and seeks the court to direct 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 force the VA to end the long-running discrimination against victims of sexual assault.

    Alimony Discrimination

    Those who have served our nation in uniform and those who are their companions deserve truthful answers regarding the benefits for veterans disability attorney and their effect on money issues in divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

    Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and difficult road 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 on 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 suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

    Appeal

    The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in veteran disability appeals 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 supports your claim, and if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a valuable benefit in your appeals process.

    A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your medical condition. A medical professional, for example, may be able to demonstrate that your pain is caused by your service-related injury, and is in a way limiting. They may also be able to help you obtain the medical records that are required to support your claim.

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