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작성자 Brandy
댓글 0건 조회 72회 작성일 24-06-16 21:58

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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 targeted by lawyers who make use of their benefits to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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 or work and education. Monk wants the VA to reimburse him for benefits it has not provided him, and to modify their policies regarding race, discharge status, and 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 that they made 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 veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and asks the court to order the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against blacks was widespread and widespread, as per 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. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer also knows the challenges of dealing with the VA and this could create a higher level of empathy for your circumstance. This could be a great benefit in your appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your situation. For instance an expert in medicine might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They may assist you obtain the medical records that are required to prove your claim.

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