Undisputed Proof You Need Veterans Disability Attorney

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작성자 Astrid
댓글 0건 조회 19회 작성일 24-06-26 20:50

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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 should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that killed a number of people has won a significant victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He wants the VA to compensate him for the benefits that it has denied him and to amend their policies regarding race, 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 that they made 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 an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining 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. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who 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 the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans disability law firm' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but was discharged that was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a higher rate than 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 disability law firms Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an invaluable benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly classified their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. A medical expert is one example. They may be able show that your pain is due to the injury you sustained while working and is disabled. They may also be able assist you in getting the medical evidence you need to prove your claim.

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