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작성자 Mariel Dransfie… 작성일24-06-19 07:17 조회40회 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 frequently exploited by attorneys who use their benefits as a way to earn money. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School veterans disability attorney Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to pay him back for benefits he has been deprived of, and to modify its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim 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 basing it on PTSD

According to a lawsuit filed on 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 being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not honourable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that state courts are able to confiscate 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 shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but then was discharged that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long, winding path.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic 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. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you are able. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A lawyer who is qualified is able to examine the evidence used to prove your claim and then submit additional evidence, if necessary. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical specialists to provide additional proof of your medical condition. A medical expert for instance, might be able to demonstrate that your pain is caused by your service-related injury and that it is disabled. They could be able to assist you in obtaining the medical records needed to support your claim.

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