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4 Dirty Little Secrets About Veterans Disability Attorney And The Vete…

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작성자 Vicky Scollen 작성일24-06-11 09:16 조회16회 댓글0건

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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered 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 with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for benefits that it has taken him out of, and to modify its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the hagerstown veterans disability lawsuit Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a wide 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 also claims that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied at an amount that was significantly higher than white people. According to the lawsuit filed 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. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence, if necessary. A lawyer who is familiar with the VA's issues can be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't properly described their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your condition. A medical professional, for example, may be able to prove that your pain is caused by the injury you sustained while working and is disabled. They might also be able help you obtain the medical records required to prove your claim.

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