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작성자 Estella
댓글 0건 조회 124회 작성일 24-06-16 01:34

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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 often rely on their benefits. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, 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 during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School veterans disability lawyers Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits he has been deprived of and to amend its policies regarding race as well as 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 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. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most painful memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court to require the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but then he received a discharge that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. 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 discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're thinking of appealing the decision, it is essential to do so as soon as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA and can lead to a greater level of empathy for the situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A professional attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able to demonstrate that your pain is due to your service-related injury and that it is disabling. They might assist you obtain the medical records required to support your claim.

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