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작성자 Theda 댓글 0건 조회 12회 작성일 24-06-19 16:37

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

veterans disability attorneys with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Disability Lawsuit Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back the benefits it has denied him, and to alter 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 data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to review systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a more frequent rate 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, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

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 can. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal meets all requirements and it is heard in a fair manner.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence and documentation in the event of need. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is because the agency has not properly characterized their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your medical condition. For example an expert in medical practice might be able prove that the pain you suffer is a result of your service-related injury and that it is causing disability. They may also be able to help you get the medical records required to prove your claim.

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