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작성자 Carlton 작성일24-06-29 06:45 조회33회 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 exploited by attorneys who use their benefits as a cash cow. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He would like the VA to reimburse him for benefits that it has denied him and to change their policies regarding race and discharge status as well as 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability attorney, visit this link,.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort 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 victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. According to the lawsuit filed on 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. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

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. If you are considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency has not correctly defined their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your condition. For example an expert in medicine could be able to prove that the pain you experience is related to your service-connected injury and that it is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.

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