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작성자 Stanley Lindema…
댓글 0건 조회 11회 작성일 24-05-25 10:52

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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 targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the 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 much higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits that it has taken him out of and to alter its policies regarding race discharge status, 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans disability attorney.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages, and wants the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and veterans Disability lawsuits Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, ought to be aware of 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 the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from family members and creditors including alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but he received a discharge that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding path.

He was denied at a rate significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

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. It is essential to appeal a decision as quickly as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal complies with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be a huge benefit in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. For example medical experts might be able demonstrate that the pain you feel is related to your service-connected injury and is causing you to be disabled. They might also be able help you get the medical records required to prove your claim.

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