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작성자 Chu
댓글 0건 조회 2,140회 작성일 24-06-17 03:56

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (Iwebplus's website)

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed 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 and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to pay him back for benefits he has been deprived of and to amend its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require honest answers about 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 confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not combat 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. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an impartial hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence and documentation should it be required. A lawyer who understands the challenges of the VA will be more understanding of your circumstances. This could be a great asset in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't correctly characterized their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. An experienced attorney will be able work with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice could be able to prove that the pain you experience is due to your service-related injury and that it is causing impairment. They might assist you get the medical records that are required to prove your claim.

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