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7 Simple Changes That Will Make A Big Difference In Your Veterans Disa…

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작성자 Regena 작성일24-06-16 22:59 조회18회 댓글0건

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal air carrier collision has won a major victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability lawsuit by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. Monk wants the VA to compensate him for the benefits that it has denied him, and to alter their policies on 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability attorneys were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to require the VA to review systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but his discharge was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied benefits at a much more frequent rate 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A competent lawyer will review the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer who understands the VA's challenges can be more understanding of your circumstances. This can be a huge advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly classified their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will be able to work with medical professionals to provide additional proof of your condition. A medical professional is one example. They may be able show that your pain is a result of the injury you sustained while working and is disabling. They may also be able to assist you get the medical records required to prove your claim.

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