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작성자 Orville Nix 댓글 0건 조회 23회 작성일 24-06-16 01:31

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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that 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. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He would like the VA to reimburse him for benefits it has denied him and to amend 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 information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and wants the court decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims made by family members and creditors, except for child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of veterans disability attorney Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer also knows the challenges of dealing with the VA and can create a higher level of empathy for your situation. This could be a great advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim can be denied is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury, and is disabling. They may also be able assist you in obtaining the medical records needed to support your claim.

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