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This Week's Top Stories About Veterans Disability Attorney

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이름 : Ellie 이름으로 검색

댓글 0건 조회 114회 작성일 2024-08-10 03:32
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that 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. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans disability lawyer 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 much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the VA to pay him back the benefits it has not provided him and to change their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. The fight for 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 white counterparts. 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. It alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is essential to appeal a decision as fast as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will be able to work with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is debilitating. They might also be able to assist you get the medical records needed to support your claim.

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