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15 Trends That Are Coming Up About Veterans Disability Attorney

RoseanneQuv512344 2024.06.12 09:13 조회 수 : 4

veterans disability lawsuits - visit the following site - - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans disability attorneys. 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 more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. Monk wants the VA to reimburse him for the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages, and wants the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law found 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 was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know 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 reviews claims for benefits if a claimant disagrees a decision made by the agency. If you're considering appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A licensed lawyer is able to examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This could be a great advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your situation. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and that it is in a way limiting. They may be able to assist you in obtaining the medical records needed to support your claim.
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