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작성자 Adam 댓글 0건 조회 36회 작성일 24-06-16 01:22

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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 taken advantage of by lawyers who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering 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 a price.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans disability attorney by denying 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. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. Monk wants the VA to compensate him for benefits that it has taken him out of and to alter its policies regarding race, discharge status and denial rates.

In the past 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 submitted 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 be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it 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 suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than an honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

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

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed 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 did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you are considering appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in appeals for veterans disability can help ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. The lawyer will also understand the challenges of dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional evidence of your health condition. For example medical experts could be able to prove that the pain you feel is due to your service-related injury and that it is causing you to be disabled. They may also be able to assist you get the medical records that are required to prove your claim.

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