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How The 10 Most Disastrous Veterans Disability Attorney-Related FAILS …

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작성자 Pauline
댓글 0건 조회 10회 작성일 24-05-27 18:29

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veterans disability attorneys Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (go here)

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a hefty price tag.

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 that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies regarding race as well as discharge status and 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. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, veterans disability lawsuits according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like 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 those who accompanied 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 most popular myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according 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. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence, if necessary. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your situation. This could be a great benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able of working with medical professionals to provide additional proof of your situation. For instance, a medical expert might be able prove that the pain you are experiencing is a result of your service-connected injury and that it is causing disability. They might assist you get the medical records required to prove your claim.

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