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작성자 Clarita Cuevas
댓글 0건 조회 130회 작성일 24-06-16 16:57

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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 victimized by lawyers who use their benefits as a source of cash. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes with 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 in a manner 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. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to pay him back the benefits it has not provided 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 results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to revers 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. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and wants the court order 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 demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors, except for alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding path.

He was denied services at the rate of significantly more 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, this racial discrimination was systemic and widespread. It claims that the VA was aware of and did not deal with decades-long 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 a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your medical condition. For example medical experts might be able demonstrate that the pain you feel is due to your service-related injury and that it is causing disability. They might be able assist you in obtaining the medical records needed to prove your claim.

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