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작성자 Lucie
댓글 0건 조회 13회 작성일 24-08-03 17:26

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits [describes it]

Attorneys who profit from disabled veterans to earn money often use their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has a huge victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency reimburse him for benefits that it has taken him out of and to amend its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even 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 made by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application, the suit says.

The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans disability lawyer who were in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as fast as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and you are given a fair hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence if necessary. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a valuable advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly defined their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your medical condition. A medical expert is one example. They may be able to prove that your pain is a result of your service-related injury and that it is disabling. They might assist you obtain the medical records needed to support your claim.

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