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Ask Me Anything: 10 Answers To Your Questions About Veterans Disabilit…

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작성자 Keira 작성일24-06-03 22:49 조회101회 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 exploited by attorneys who use their benefits as a source of cash. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. 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 higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for the benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted 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 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans disability attorney in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members including alimony and child support.

Conley Monk volunteered 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, but was discharged that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, Attorneys according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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 disability attorney.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is essential to do so as soon as possible. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence when needed. A lawyer who understands the challenges of the VA will be more understanding of your circumstance. This can be a huge advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly characterized their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They may be able to assist you in obtaining the medical records needed to prove your claim.

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