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작성자 Candida
댓글 0건 조회 117회 작성일 24-06-18 04:02

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veterans Disability lawsuits (aragaon.net) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you require an attorney who is licensed to deal with 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 a major victory. However, it comes at a price.

Class Action Settlement

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

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the agency to pay him back for benefits that it has taken him out of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

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

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but the discharge he received was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long, winding path.

He was denied benefits at an rate that was much higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a significant advantage in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. For example medical experts may be able to show that the pain you feel is related to your service-connected injury and that it 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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