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작성자 Joey 작성일24-04-03 19:20 조회16회 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 taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who 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. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, Veterans Disability Lawsuits as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to 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 much higher rate than white veterans during the past three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to compensate him for the benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted 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 a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that the veterans disability lawyers Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to review systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims by creditors and family members, except for alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.

A licensed lawyer can review the evidence used to justify your claim and present additional evidence, should it be required. The lawyer will also understand the difficulties of dealing with the VA and could increase the level of empathy for your circumstance. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able show that the pain you are experiencing is due to your service-related injury, and is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.

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