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    7 Little Changes That'll Make The Difference With Your Veterans Disabi…

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    작성자 Jamaal
    댓글 0건 조회 39회 작성일 24-06-19 17:58

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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 make money often use their benefits. This is why you require an attorney with the right qualifications to manage VA claims.

    A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial price tag.

    Class Action Settlement

    The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

    Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He would like the VA to compensate him for the benefits it has denied him and to change their policies on race and discharge status as well as denial rates.

    In the past 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 were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans disability attorney of color than for white veterans.

    Discrimination due to PTSD

    According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans in adisproportionate way.

    Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

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

    The lawsuit seeks monetary damages and seeks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

    Alimony Discrimination

    The veterans who have served our country in uniform or who accompany them require honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

    Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, but was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

    He was denied benefits at a much higher rate than white counterparts. The discrimination was racial and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

    Appeals

    The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

    A lawyer with experience can look over the evidence to support your claim, and if needed, provide additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and can increase the level of empathy for the situation. This can be a significant asset in your appeals.

    A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your situation. For instance medical experts might be able prove that the pain you suffer is a result of your service-related injury and that it is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.

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