15 Best Veterans Disability Attorney Bloggers You Should Follow

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작성자 Rusty Castillo
댓글 0건 조회 23회 작성일 24-06-16 02:29

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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. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of 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 psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans disability law firm.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories in each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and seeks to have the court order the VA to review systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors 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-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you're considering appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A professional attorney will also be able to work with medical experts to provide additional proof of your situation. For instance medical experts might be able prove that the pain you experience is due to your service-related injury and is causing impairment. They could be able to assist you in obtaining the medical records needed to prove your claim.

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