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15 Veterans Disability Attorney Bloggers You Should Follow

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작성자 Kennith Bautist… 작성일24-07-20 08:07 조회32회 댓글0건

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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 source of cash. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to pay him back the benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most painful memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and also asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National Covina Veterans Disability Lawyer Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other dawson veterans disability lawsuit.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all requirements and it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim, and should it be necessary, present additional evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons a veteran's disability claim is denied is because the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical professional is one example. They may be able to prove that your pain is due to your service-related injury and that it is disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.

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