7 Little Changes That'll Make A Big Difference With Your Veterans Disa…

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작성자 Issac Moowattin
댓글 0건 조회 8회 작성일 24-06-29 02:29

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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 profits often make use of their benefits. You require an attorney who is licensed to manage 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 clinched an important victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability lawyers by denying disability compensation claims at a significantly 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 records obtained by Monk as well as the Yale Law School veterans disability law firms Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims 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, their home lives work, education, and employment. Monk wants the VA to pay him back the benefits they have denied him, and to modify their policies regarding 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 filed 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 be granted an appeal 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 Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. 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 full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving the most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks damages in the form of money and asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as swiftly as you are able. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and ensure that you are given a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if needed, provide new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be a significant benefit in your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency hasn't properly classified their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. A medical professional is one example. They may be able show that your pain is a result of your service-related injury and that it is disabling. They may also be able help you get the medical records needed to support your claim.

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