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15 Of The Top Veterans Disability Attorney Bloggers You Must Follow

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작성자 Carolyn 작성일24-05-14 15:23 조회3회 댓글0건

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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 make money often use their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has a huge victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He would like the VA to pay him back the benefits they have denied him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and Veterans disability lawsuits equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability lawsuit.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A licensed lawyer can review the evidence used to support your claim and submit new and additional evidence if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will also be able to collaborate 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 caused by your service-related injury and is in a way limiting. They may also be able help you get the medical records needed to support your claim.

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