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4 Dirty Little Secrets About The Veterans Disability Attorney Industry

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작성자 Cecelia Beatty
댓글 0건 조회 51회 작성일 24-04-30 22:34

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veterans disability lawsuits (this content) - 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. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a price.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He demands that the agency compensate him for benefits he has been deprived of and Veterans Disability Lawsuits to change its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law firm, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application, the suit claims.

The lawsuit seeks monetary damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at a much higher rate than his white peers. 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 discrimination was systemic and widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is important to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present additional evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstance. This could be a great asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able prove that your pain is a result of the injury you sustained while working and is debilitating. They might be able assist you in obtaining the medical records needed to support your claim.

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