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작성자 Indira
댓글 0건 조회 80회 작성일 24-06-19 21:20

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a price.

Class Action Settlement

The Department of veterans disability lawyers 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 on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. Monk wants the VA to pay him back the benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color 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 was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories through each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and seeks to have the court require the VA to look into systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is important to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim and, if necessary, submit additional evidence. A lawyer will also know the difficulties involved in dealing with the VA and could result in a greater degree of empathy for the situation. This can be a valuable benefit to your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly characterized their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury and that it is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.

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