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4 Dirty Little Tips On The Veterans Disability Attorney Industry

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작성자 Linda
댓글 0건 조회 28회 작성일 24-06-16 22:58

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

Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying 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 higher rate than those of 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 former psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for benefits he has been deprived of and to amend its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of 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 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law firms, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and also to orally order the VA to review the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a 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 was discharged that was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than white peers. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is important to appeal a decision as fast as you are able. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal meets all the requirements and it gets a fair hearing.

A qualified lawyer can examine the evidence used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional proof of your condition. For example an expert in medicine could be able to prove that the pain you are experiencing is due to your service-related injury and that it is causing disability. They may be able to assist you in getting the medical records you require to prove your claim.

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