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10 Reasons You'll Need To Know About Veterans Disability Attorney
Tommie | 24-06-17 16:52 | 조회수 : 38
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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 cash cow. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in 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 much higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He wants the agency to pay him back for benefits he has been deprived of and to alter its policies regarding race discharge status, 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 that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans disability lawyer' compensation against claims from creditors and family members, except for child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans Disability lawsuit Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing an appeal, it's essential to do so as soon as you can. A lawyer with experience in appeals for veterans disability law firms disability can help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer will also know the challenges of dealing with the VA, and this can result in a greater degree of understanding for your situation. This could be a great asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will also be able work with medical experts to provide additional evidence of your situation. A medical expert could, for instance, be able show that your pain is due to your service-related injury, and is in a way limiting. They may also be able assist you in getting the medical records required to prove your claim.

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