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    The No. One Question That Everyone Working In Veterans Disability Atto…

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    작성자 Hayley
    댓글 0건 조회 6회 작성일 24-08-04 06:06

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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 taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney who is certified to handle VA claims.

    A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won a major victory. However, it comes with a substantial price tag.

    Class Action Settlement

    According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent 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, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. Monk wants the VA to pay him back the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.

    Last 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. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans disability lawsuit from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

    Discrimination in PTSD

    According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

    Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

    He sued the military to stop the discharge, and was awarded a 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. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

    The lawsuit is seeking monetary damages and wants the court require the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

    Alimony Discrimination

    The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans disability lawyers with disabilities and their influence on divorce money issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought 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-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

    He was denied benefits at a much higher rate than his 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 discrimination was systemic and widespread. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

    Appeals

    The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

    A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and could create a higher level of empathy for your circumstance. This could be a valuable asset in your appeals process.

    One of the main reasons that a veteran's claim for disability is denied is due to the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For instance, a medical expert might be able prove that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They may also be able assist you in getting the medical evidence you need to prove your claim.

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