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Veterans Disability Attorney: 10 Things I'd Like To Have Known Sooner

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작성자 Meredith 작성일24-06-07 13:19 조회5회 댓글0건

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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 require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in 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 in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He wants the VA to reimburse him for benefits that it has denied him and to amend 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 information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted 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 as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm as he relived the most traumatic memories with each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims brought by family members and creditors including child support and alimony.

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 several medals, but was discharged that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied at an rate that was much higher than white people. 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, Veterans Disability Lawsuits this discrimination against blacks was systematic and widespread. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence used to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your situation. For example, a medical expert could be able to prove that the pain you suffer is related to your service-connected injury and that it is disabling. They could be able to assist you in getting the medical records required to support your claim.

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