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10 Wrong Answers To Common Veterans Disability Attorney Questions: Do …

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작성자 Morgan 날짜24-04-04 05:58 조회3회 댓글0건

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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 way to earn money. You need an attorney that is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies 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. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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, homes work, education and employment. He wants the VA to reimburse him for benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability attorneys 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. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and wants the court order the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Veterans Disability Lawsuits Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by creditors and family members including child support and alimony.

Conley Monk, who volunteered 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 for his service, but he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a higher rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to take action to end 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. It is important to appeal a decision as swiftly as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can increase the level of understanding for your situation. This could be a great advantage in the appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional evidence of your condition. For instance an expert in medical practice might be able prove that the pain you are experiencing is related to your service-connected injury and is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.

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