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작성자 Alica 작성일24-06-05 09:44 조회4회 댓글0건

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits it has deprived him of, and to modify its policies regarding race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful information about the benefits for veterans disability lawsuits veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding route.

He was denied access at the rate of significantly more than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer is able to examine the evidence used to back your claim and provide additional evidence and documentation should it be required. The lawyer will also be aware of the difficulties of dealing with the VA and can lead to a greater level of understanding for your situation. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. For example an expert in medicine might be able prove that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical records you require to support your claim.

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