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20 Trailblazers Setting The Standard In Veterans Disability Attorney

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작성자 Riley Burdine 작성일 24-06-19 00:27 조회 19 댓글 0

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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 earn money often rely on their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black Veterans disability lawsuit to suffer in ways that have affected their health, home or work and education. He would like the VA to compensate him for the benefits that it has 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim 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 in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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 accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

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 received several medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit brought 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. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans disability lawyers similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an appeal, it's important to appeal as soon as possible. An experienced lawyer in veteran disability appeals will help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This can be a significant asset in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't properly defined their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your health condition. For example an expert in medical practice might be able prove that the pain you feel is a result of your service-connected injury and that it is disabling. They might also be able to help you get the medical records required to support your claim.

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