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    How To Outsmart Your Boss On Veterans Disability Attorney

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    작성자 Frieda
    댓글 0건 조회 66회 작성일 24-08-04 18:29

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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 targeted by lawyers who make use of their benefits as a cash cow. You should hire an attorney who is licensed to handle VA claims.

    A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with an expense.

    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 the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

    Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He wants the VA to reimburse him for benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

    Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National veterans disability attorneys Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

    Discrimination is based on PTSD

    According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

    Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

    He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit claims.

    The lawsuit seeks financial damages and asks the court to require the VA to examine the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

    Alimony Discrimination

    The veterans who were in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors, except for alimony and child support.

    Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

    He was denied benefits at an rate that was much higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

    Appeals

    The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.

    A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence and documentation should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

    A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able of working with medical experts to provide additional evidence of your medical condition. A medical expert could, for instance, be able to demonstrate that your pain is a result of your service-related injury, and is in a way limiting. They might also be able to assist you get the medical records needed to support your claim.

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