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작성자 Sunny
댓글 0건 조회 7회 작성일 24-08-03 17:13

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

Attorneys who profit from disabled veterans disability attorney to earn profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.

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

Class Action Settlement

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

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He wants the agency to pay him back for benefits he has been deprived of, and to modify its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was 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 cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers 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 damage from having to relive some of his most traumatizing memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans disability law firm' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding path.

He was denied benefits at a much higher rate than white peers. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him 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 and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. It is important to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence, when needed. The lawyer will also be aware of the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They might assist you get the medical records needed to support your claim.

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