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작성자 Trina 작성일24-06-26 08:48 조회15회 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 often targeted by lawyers who make use of their benefits to make a profit. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won an important victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School st albans veterans disability lawsuit Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black flora veterans disability lawyer to suffer in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for 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 as well as tuition aid and other benefits.

He sued the military to overturn the discharge, and received 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 significant emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial compensation, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims made by creditors and family members in the case of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however was discharged that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the allen park veterans disability Lawsuit Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A qualified lawyer can review the evidence used to prove your claim, and if necessary, submit additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of understanding for your situation. This can be a huge benefit in your appeals process.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury and that it is disabled. They might be able assist you in getting the medical records required to prove your claim.

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