20 Myths About Veterans Disability Attorney: Debunked

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작성자 Shasta
댓글 0건 조회 38회 작성일 24-06-06 20:42

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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with 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 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the VA to reimburse him for the benefits it has not provided him, and to alter 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 via 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 a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, Veterans Disability Lawsuits according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members with the exception of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied access at a rate significantly higher than his white peers. 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, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A competent lawyer will review the evidence used to prove your claim and, if necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical professional is one example. They may be able show that your pain is caused by your service-related injury and is in a way limiting. They might also be able help you obtain the medical records required to support your claim.

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