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작성자 Toni 작성일24-06-30 00:21 조회24회 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 targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans disability lawyer in denying their disability claims at a rate that is significantly 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 the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for benefits they have denied him and to amend their policies on race and discharge status as well as 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 likely to be granted an appeal 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 against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve truthful information about the benefits for veterans and their effect on money issues in divorce. 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. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed 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 knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence if necessary. A lawyer who knows the VA's issues can be more sympathetic to your circumstances. This could be a valuable advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't properly classified their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance an expert in medicine may be able to show that the pain you suffer is a result of your service-related injury and is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.

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