| This Week's Most Popular Stories Concerning Veterans Disability Attorn… | Elva Wanliss | 23-07-12 16:46 |
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is the reason you need a attorney who is accredited to deal with VA claims. A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision which killed dozens has won a significant victory. But it comes at the cost of. Class Action Settlement According to a lawsuit filed on Monday in the United States, the Department of veterans disability compensation Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the last three decades. Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates. Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National veterans disability compensation Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans disability litigation between 2001 and 2020. In addition, the average denial rate was 6.3 percent 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 is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans. Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits. He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits. The lawsuit seeks financial damages and also to orally order the VA to examine its the systemic PTSD bias. It is the latest effort 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 survivors of sexual assault. Alimony Discrimination People who have served in the military or were a part of them, should be aware of the truth about the benefits for Veterans Disability lawsuit with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims brought by creditors and family members, except for child support and alimony. Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding road. He was denied benefits at a rate significantly higher 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, this discrimination against blacks was systematic and widespread. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him. Appeal The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. If you are considering appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing. A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence, if necessary. A lawyer also knows the difficulties of dealing with the VA and veterans disability Lawsuit can lead to a greater level of empathy for your situation. This could be a great advantage in your appeals. A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able prove that your pain is a result of your service-related injury and is disabled. They might assist you get the medical records required to prove your claim. |
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