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작성자 Carl
댓글 0건 조회 20회 작성일 24-06-18 11:04

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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 exploited by attorneys who use their benefits as a cash cow. This is the reason you need an attorney that is certified to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He demands that the agency pay him back for benefits he has been deprived of and to amend its policies on race discharge status, 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

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 troops and equipment to battle zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of veterans disability law firm Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal meets all requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer also knows the challenges involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a great advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. A medical professional could, for instance, be able to prove that your pain is caused by your service-related injury and is disabling. They might also be able to assist you obtain the medical records needed to support your claim.

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