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20 Trailblazers Lead The Way In Veterans Disability Attorney
Lawanna | 24-06-16 02:01 | 조회수 : 46
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, 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 he has been deprived of and to amend its policies on race discharge status, 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- 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 filed by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability law firm Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an appeal, it's crucial to file an appeal immediately. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present new and additional proof. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstance. This can be an important benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your health condition. For instance, a medical expert could be able to prove that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They might also be able to assist you get the medical records that are required to prove your claim.

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