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작성자 Fredrick
댓글 0건 조회 6회 작성일 24-06-28 11:45

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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 targeted by lawyers who make use of their benefits to make a profit. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans disability law firm, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans disability lawsuit in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He would like the VA to compensate him for the benefits they have denied him and to amend their policies on race, 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability 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

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 housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically 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 equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and 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. He also suffered severe emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. 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. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.

One of the primary reasons a veteran's disability claim is denied is because the agency has not correctly described their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. A medical professional, for example, may be able to demonstrate that your pain is a result of your service-related injury, and is in a way limiting. They may be able to assist you in getting the medical records you require to support your claim.

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