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작성자 Katrin 댓글 0건 조회 23회 작성일 24-06-25 11:01

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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you require a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans disability law firm. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court order the VA to examine the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years 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 influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and 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 then his discharge was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a much more frequent rate than his white peers. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence and documentation if necessary. A lawyer who knows the VA's challenges can be more understanding of your circumstance. This could be a great benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your health condition. For example medical experts may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might also be able help you get the medical records that are needed to support your claim.

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