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작성자 Julianne 작성일24-08-11 01:58 조회3회 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 exploited by attorneys who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to reimburse him for benefits he was deprived of and to alter 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 filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

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 battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honourable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans disability lawyer can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as he had two fights because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed 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. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

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 a decision, it is essential to do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that your pain is a result of your service-related injury, and is debilitating. They might assist you obtain the medical records that are required to support your claim.

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