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How The 10 Most Disastrous Veterans Disability Attorney-Related FAILS …

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작성자 Loreen 작성일24-06-21 21:35 조회27회 댓글0건

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Disability Lawsuit Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National veterans disability attorneys Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. 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 the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made 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 and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied services at the rate of significantly more than his white peers. 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, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is important that you do so immediately. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence and documentation in the event of need. The lawyer will also understand the challenges of dealing with the VA and could increase the level of empathy for your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your situation. For instance medical experts may be able to show that the pain you experience is a result of your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical records required to prove your claim.

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