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작성자 Lanny
댓글 0건 조회 19회 작성일 24-06-22 03:53

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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You need an attorney that is certified to manage 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 an important victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. 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 higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA reimburse him for benefits he was deprived of and to change its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and 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 manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to orally order the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades 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 effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were 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 benefits at a much higher rate than white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. If you're thinking of appealing a decision, it is essential to do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence, when needed. A lawyer also knows the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This could be a great benefit in your appeals.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of the injury you sustained while working and is disabled. They might also be able to assist you get the medical records required to prove your claim.

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