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10 Reasons You'll Need To Learn About Veterans Disability Attorney

BelindaB72051503473 2024.06.06 17:16 조회 수 : 27

veterans disability lawsuits (http://swwwwiki.coresv.net/index.php?title=The_People_Nearest_To_Veterans_Disability_Lawyers_Share_Some_Big_Secrets) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You require 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 related to a fatal aircraft carrier crash has clinched a major victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday that 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, 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 over the past three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to pay him back for benefits he was deprived of and to change its policies regarding race discharge status, discharge status and 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. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed 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 a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation against claims from creditors and family members including alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but then was discharged that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as swiftly as you are able. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim and, if needed, provide additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could increase the level of empathy for your situation. This can be a huge benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you experience is due to your service-related injury and is disabling. They may also be able assist you in getting the medical records required to prove your claim.
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