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15 Trends To Watch In The New Year Veterans Disability Attorney

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작성자 Felisha 댓글 0건 조회 9회 작성일 24-07-01 02:44

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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 targeted by lawyers who make use of their benefits as a cash cow. You need an attorney who is certified to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the VA to pay him back the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

In the past 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, which they filed on behalf of the 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 between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence 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 assisting in the transportation of troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This racial discrimination was systemic and widespread, according to 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 did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans disability attorneys like Monk.

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. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills 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 new and additional evidence should it be required. A lawyer who understands the VA's challenges can be more understanding of your circumstances. This could be a valuable benefit in your appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For instance medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and is causing you to be disabled. They may also be able to help you get the medical records that are required to prove your claim.
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