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작성자 Velda 작성일24-04-01 11:52 조회5회 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 frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has won a major 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 at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He would like the VA to reimburse him for benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability attorneys.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than honourable. This "bad paper" prevented him from receiving loans for homes 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 has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors including child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later 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, winding road for him to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, Veterans Disability Lawsuits this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and then submit new and additional evidence should it be required. A lawyer will also know the difficulties of dealing with the VA and can increase the level of empathy for your circumstance. This can be a significant asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly defined their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your condition. For instance, a medical expert may be able to show that the pain you experience is due to your service-related injury and is causing impairment. They might also be able to assist you get the medical records that are needed to support your claim.

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