20 Myths About Veterans Disability Attorney: Debunked

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작성자 Mack
댓글 0건 조회 7회 작성일 24-08-11 02:08

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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 targeted by lawyers who make use of their benefits as a cash cow. You should hire an attorney who is certified to handle VA claims.

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

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to reimburse him for benefits he was deprived of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans disability lawyer were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color 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 suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money 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 designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members including alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long, winding route.

He was denied access at the rate of significantly more than his white peers. The discrimination was racial and widespread, 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 but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence if necessary. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This could be a great benefit to your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to work with medical experts to provide additional evidence of your situation. A medical professional could, for instance, be able show that the pain you are experiencing is due to the injury you sustained while working and is debilitating. They may also be able assist you in getting the medical records required to support your claim.

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