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작성자 Mora 작성일24-03-17 12:46 조회35회 댓글0건

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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 money frequently use their benefits. This is why you require a attorney who is accredited 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 crash has won a major victory. But it comes at 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 a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA repay him for the benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.

Last year, Monk and the veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim data through 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 disability lawsuit were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday in the United States, Veterans Disability Lawsuit the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed 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 points to evidence suggesting that VA officials have denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. That "bad paper" kept him from obtaining home loans, tuition assistance 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 has a debt for the past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial damages and also to order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. The discrimination was racial and pervasive, 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 address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, should it be necessary, present additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be a valuable asset in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly described their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to claim 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 professional could, for instance, be able to prove that your pain is a result of your service-related injury and that it is in a way limiting. They might also be able help you get the medical records needed to support your claim.

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