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작성자 Adalberto Coury 댓글 0건 조회 70회 작성일 24-05-19 14:33

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often use their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to pay him back for benefits he has been deprived of and to alter its policies on race, discharge status and denial rates.

In the past year, Monk and the veterans Disability Lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, Veterans disability lawsuit he was given a discharge that was less than honorable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as 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

Those who have served our nation in uniform, or who are their companions deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. The discrimination was racial and widespread, 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. The suit claims that the VA was aware of 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 examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence, in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This can be an invaluable benefit in your appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. For example an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and is causing disability. They could be able to assist you in getting the medical records required to prove your claim.

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