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작성자 Kami
댓글 0건 조회 50회 작성일 24-06-20 15:55

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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 taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered emotional harm from reliving some of his most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and also to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of veterans disability attorney Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of empathy for your situation. This can be a valuable asset in your appeals.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't properly described their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your health condition. A medical expert is one example. They may be able show that your pain is due to your service-related injury and is in a way limiting. They might also be able to help you obtain the medical records that are required to support your claim.

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