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작성자 Maybell 작성일24-04-03 15:44 조회4회 댓글0건

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much 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 claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA compensate him for benefits that it has taken him out of and to change its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

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 combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and also to require the VA to review systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts can take away 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 protect veterans' payments from claims made by creditors and family members, except for child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than his white counterparts. 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, this discrimination against blacks was systematic and widespread. It 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 similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal meets all requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer will also know the challenges of dealing with the VA, and this can increase the level of empathy for your situation. This can be an invaluable advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional could, for lawsuit instance, be able to prove that your pain is caused by your service-related injury and is in a way limiting. They may be able to assist you in getting the medical records required to prove your claim.

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