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This Week's Top Stories Concerning Veterans Disability Attorney

작성자 작성자 Brian · 작성일 작성일24-05-30 20:31 · 조회수 조회수 220

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veterans disability lawsuits; Google link for more info, - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won an important victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to pay him back the benefits that it has denied him, and to modify their policies regarding 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 data by way of Freedom of Information Act requests which they submitted on behalf of the National veterans disability law firm Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for Veterans Disability Lawsuits past denials of disability benefits. He also suffered significant emotional damage from having to relive the most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks monetary damages and also to order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like 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

People who have served in the military, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by family members and creditors including child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit 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 other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is important to appeal a decision as fast as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation if necessary. A lawyer who understands the VA's issues can be more understanding of your situation. This can be an important benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able to prove that your pain is due to your service-related injury and that it is in a way limiting. They may assist you get the medical records that are required to support your claim.

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