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What Do You Think? Heck What Exactly Is Veterans Disability Attorney?

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작성자 Luke 작성일24-07-01 01:06 조회28회 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 disability law firm to make profits often make use of their benefits. This is why 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 conditions related to a fatal aircraft carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday that 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 during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies regarding 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 data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

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 later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatic memories each time he applied and re-application, the suit claims.

The lawsuit seeks financial damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony 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 by 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-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge when he got into two fights that were 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 benefits at a much higher rate 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 racial bias was systemic and widespread. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer also knows the difficulties of dealing with the VA and can increase the level of understanding for your situation. This can be an important benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They might be able assist you in getting the medical evidence you need to support your claim.

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