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작성자 Lien
댓글 0건 조회 12회 작성일 24-06-28 01:05

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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 victimized by lawyers who use their benefits as a cash cow. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per 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 greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for the benefits that it has denied him and to amend 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 in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court decide to require 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 demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at an rate that was much higher 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, this racial discrimination was systemic and widespread. It claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans who are 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 important to appeal a decision as quickly as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can increase the level of understanding for your situation. This can be an important asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your condition. For example an expert in medicine might be able prove that the pain you suffer is a result of your service-connected injury and is disabling. They could be able to assist you in getting the medical records required to prove your claim.

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