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댓글 0건 조회 16회 작성일 24-07-01 16:06

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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Disability Lawsuit Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for benefits he was deprived of and to amend its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National veterans disability lawyers Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 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 as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from receiving home loans or tuition aid as well as 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 liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most painful memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members including child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied services at a rate significantly higher than his white peers. 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 claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is essential to appeal a decision as fast as you are able. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstance. This can be an important advantage in your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. An experienced attorney will be able to work with medical professionals to provide additional proof of your medical condition. For example medical experts could be able to prove that the pain you feel is a result of your service-related injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.

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