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작성자 Alyssa
댓글 0건 조회 59회 작성일 24-06-21 15:44

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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 targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is licensed to manage 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 an important victory. However, it comes with a price.

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 during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He would like the VA to reimburse him for benefits they have denied him and to amend 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

Conley Monk signed up 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 equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also to order the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members including alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at a higher rate than 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 claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans disability lawyer.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing an agency decision, it's important to appeal immediately. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A qualified lawyer is able to examine the evidence that was used to back your claim and provide new and additional evidence when needed. A lawyer also knows the challenges of dealing with the VA and could increase the level of understanding for your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able of working with medical experts to provide additional proof of your medical condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury and that it is debilitating. They may be able to assist you in getting the medical records you require to prove your claim.

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