This Week's Top Stories About Veterans Disability Attorney

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작성자 Kattie 댓글 0건 조회 33회 작성일 24-06-06 14:05

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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 to make a profit. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won an important victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to compensate him for benefits he was deprived of, and to modify its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and also to decide to require the VA to examine its systemic PTSD bias. 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied access at an amount that was significantly higher than white people. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A qualified lawyer is able to examine the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. The lawyer will also understand the challenges of dealing with the VA and could lead to a greater level of empathy for your circumstance. This could be a great benefit in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert, for example, may be able to 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 evidence you need to prove your claim.

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