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작성자 Kenneth
댓글 0건 조회 80회 작성일 24-08-05 00:17

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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 victimized by lawyers who use their benefits to make a profit. 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 issues related to a deadly aircraft carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. Monk wants the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and 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 out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and widespread, according to 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 take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar 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. If you are considering appealing the decision, it is crucial to file an appeal in the earliest time possible. 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 used to prove your claim and then submit new and additional evidence in the event of need. A lawyer will also know the difficulties involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your medical condition. For instance an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-related injury and is causing you to be disabled. They might be able assist you in getting the medical evidence you need to support your claim.

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