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작성자 Linnea 작성일24-03-18 16:53 조회20회 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 to make a profit. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has won a major victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly 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 over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

In the past year, veterans disability lawsuit Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid 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. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks financial damages and also to require the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans disability lawsuit' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but then the discharge he received was less than honorable due to the fact that there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on behalf of him by the National Veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

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 important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer who knows the VA's issues can be more understanding of your circumstance. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able to prove that your pain is due to your service-related injury and is disabled. They could be able to assist you in obtaining the medical records needed to support your claim.

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