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작성자 Ashton
댓글 0건 조회 245회 작성일 24-06-18 19:15

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money frequently use their benefits. This is the reason you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying 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 during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He would like the VA to pay him back the benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the veterans disability law firms (sneak a peek at this site) Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National veterans disability law firm Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of 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 damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks monetary damages and asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law that is 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, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then the discharge he received was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a much more frequent rate than his white peers. The discrimination was racial and widespread, as per 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 but did not confront decades-old 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 crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer is able to examine the evidence used to justify your claim and present additional evidence, when needed. The lawyer will also understand the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your condition. For example medical experts might be able prove that the pain you are experiencing is due to your service-related injury and is causing disability. They might assist you get the medical records that are required to prove your claim.

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