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작성자 Sammie
댓글 0건 조회 23회 작성일 24-06-17 20:10

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Veterans Disability Lawsuits (Ivimall.Com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

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

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He would like the VA to compensate him for the benefits it has not provided him and to amend their policies on race, 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 and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability attorney between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal meets all the requirements and that it is heard in a fair manner.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, present new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA and can result in a greater degree of understanding for your situation. This can be a huge asset in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical expert is one example. They may be able prove that your pain is due to the injury you sustained while working and is disabling. They might also be able to assist you obtain the medical records that are required to prove your claim.

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