"Ask Me Anything": Ten Responses To Your Questions About Veterans Disability Attorney — различия между версиями

Версия 15:25, 23 апреля 2024

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (click through the up coming post)

Attorneys who profit from disabled veterans to make money often use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed a number of people has won a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that 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 claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. Monk wants the VA to reimburse him for benefits it has not provided him, and Veterans disability Lawsuits to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous road.

He was denied services at a rate significantly higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you're thinking of appealing an appeal, it's essential to do so as soon as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal complies with all the requirements and you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to back your claim and provide additional evidence if necessary. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-related injury and that it is disabling. They might also be able to help you obtain the medical records that are needed to support your claim.