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작성자 Timmy 댓글 0건 조회 20회 작성일 24-06-22 17:18

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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 to make a profit. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. However, it comes with a significant price tag.

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 that is much 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits it has not provided him, and to alter 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 and the Black Veterans Project. These data showed that Black veterans disability law firm were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to revers 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. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to look into the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding journey.

He was denied benefits at a much greater rate than his white peers. 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. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing a decision, it is important that you do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This could be a great advantage during your appeals procedure.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your condition. For example, a medical expert could be able to prove that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may also be able help you obtain the medical records required to prove your claim.

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