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20 Trailblazers Lead The Way In Veterans Disability Attorney

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작성자 Sonia
댓글 0건 조회 22회 작성일 24-06-25 21:50

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veterans disability attorneys 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. This is why you should hire an attorney who is licensed 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 deadly aircraft carrier crash has won an important victory. But it comes at a price.

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 at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He wants the agency to reimburse him for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 revealed that Black Veterans were statistically less likely to be granted the claim 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.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" prevented him from getting 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 in 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the 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

People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you are considering appealing a decision, it is important that you do so as soon as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal meets all the requirements and you are given a fair hearing.

A lawyer who is qualified can review the evidence used to justify your claim and present additional evidence, in the event of need. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstance. This could be a great asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your condition. A medical expert is one example. They may be able prove that your pain is due to the injury you sustained while working and is debilitating. They might assist you get the medical records that are required to prove your claim.

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