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10 Untrue Answers To Common Veterans Disability Attorney Questions Do …

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작성자 Emma 작성일24-06-26 21:12 조회2회 댓글0건

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

Attorneys who exploit disabled veterans to earn money often use their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per the agency's 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 to suffer in ways that have impacted their health, home or work and education. He wants the VA to reimburse him for the benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 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 Monday in the United States, 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 being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatic memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. 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 survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

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. If you're thinking of appealing the decision, it is important that you do so as soon as possible. A lawyer with experience in veteran disability appeals can help ensure that your appeal meets all the requirements and that it gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This could be a great benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. A medical expert is one example. They may be able prove that your pain is a result of your service-related injury and that it is disabled. They may also be able assist you in getting the medical records required to prove your claim.

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