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작성자 Rosaura 댓글 0건 조회 18회 작성일 24-06-27 21:05

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

Attorneys who exploit veterans disability lawyers with disabilities to make money frequently use their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. 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 much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He is requesting that the VA compensate him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via 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. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

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

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to decide to require 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 force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf 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 and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A lawyer with experience in appeals for disabled veterans can help ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present new and additional evidence should it be required. The lawyer will also understand the challenges of dealing with the VA and can increase the level of understanding for your situation. This could be a great asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you feel is a result of your service-connected injury and is causing you to be disabled. They might assist you obtain the medical records needed to support your claim.

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