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Why No One Cares About Veterans Disability Attorney

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작성자 Matthew
댓글 댓글 0건   조회Hit 26회   작성일Date 24-06-30 15:41

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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is certified to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate 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. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to compensate him for the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed 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 application for disability than white veterans between 2001 and 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, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer 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 combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as 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 has to pay him for his previous denials of disability compensation. He also suffered severe emotional harm as he relived the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort 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 were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans disability attorneys' compensation from claims made by creditors and family members, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

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. It is crucial to appeal a decision as swiftly as you are able. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence used to back your claim and provide new and additional evidence if necessary. The lawyer will also understand the challenges of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a valuable advantage in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able show that your pain is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical records you require to prove your claim.

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