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The No. Question That Everyone In Veterans Disability Attorney Must Kn…

작성자 작성자 Cheryle · 작성일 작성일24-06-16 01:29 · 조회수 조회수 63

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often use their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won a major victory. But it comes with the cost of.

Class Action Settlement

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

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He is requesting that the VA reimburse him for benefits that it has taken him out of and to amend its policies regarding race, discharge status and denial rates.

Monk and the veterans disability lawsuit Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered emotional harm from reliving some of his most painful memories with each application and re-application, the suit says.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by creditors and family members, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar Veterans Disability lawsuit.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. If you are considering appealing an appeal, it's important to appeal immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstance. This can be a huge asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your health condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and is in a way limiting. They may also be able to help you obtain the medical records required to prove your claim.

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