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작성자 Autumn
댓글 0건 조회 8회 작성일 24-06-30 21:11

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veterans disability [Http://artrecord.kr/bbs/board.php?bo_table=free&wr_id=126137] 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 cash cow. You need an attorney who 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 fatal air carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA compensate him for the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans disability lawyer.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and wants the court orally order the VA to examine the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims by creditors and family members including child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can examine the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This could be a great asset in your appeals.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical professional, for example, may be able show that your pain is due to your service-related injury, and is disabling. They might also be able to assist you obtain the medical records required to support your claim.

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