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작성자 Lorrine
댓글 0건 조회 18회 작성일 24-06-26 18:24

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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. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability lawyer by refusing 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. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to compensate him for the benefits they have denied him, and to modify their policies on race and discharge status as well as 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks financial compensation 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 address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors with the exception of alimony and 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 out of conflict zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on 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. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and you are given a fair hearing.

A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence, in the event of need. The lawyer will also be aware of the difficulties involved in dealing with the VA and can create a higher level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your medical condition. For instance, a medical expert may be able to show that the pain you feel is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records required to prove your claim.

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