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작성자 Pauline 작성일24-03-30 20:22 조회2회 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 often use their benefits. This is why you should hire a attorney who is accredited to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate 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. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits he was deprived of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for Veterans Disability Lawsuits black veterans than it was for white veterans.

Discrimination is 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 having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and also to require the VA to examine its systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims 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-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. 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 Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A lawyer who is qualified can examine the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert could, for instance, be able to prove that the pain you are experiencing is due to your service-related injury, and is disabled. They may also be able assist you in getting the medical records you require to prove your claim.

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