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15 Top Veterans Disability Attorney Bloggers You Should Follow

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작성자 Paulette Mansom 댓글 0건 조회 17회 작성일 24-06-19 08:16

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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old 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 much more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the VA to pay him back the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorney Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm as he relived the most traumatic memories with each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and also to decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but later he received a discharge that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and winding route.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal meets all requirements and it is heard in a fair manner.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence and documentation should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury and that it is disabled. They could be able to assist you in getting the medical records you require to prove your claim.

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