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15 Top Veterans Disability Attorney Bloggers You Should Follow

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작성자 Jillian 작성일24-03-27 16:28 조회12회 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 veterans with disabilities to make money often use their benefits. You need 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 deadly aircraft carrier crash has clinched an important victory. But it comes with a significant price tag.

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 much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life work, education, and Veterans Disability Lawsuit employment. He is requesting that the VA compensate him for the benefits it has not provided him and to change their policies regarding race, discharge status, veterans Disability lawsuit and denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and 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 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The veterans disability lawsuit Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories through each application and re-application, the suit says.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit brought 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 disability lawyers was systematic and widespread. It alleges that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide additional evidence, if necessary. A lawyer will also know the challenges of dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency did not 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 you deserve. A qualified lawyer will be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They could be able to assist you in getting the medical records you require to support your claim.

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