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작성자 Rodolfo 댓글 0건 조회 36회 작성일 24-06-19 08:12

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

Attorneys who profit from disabled veterans to make money frequently use their benefits. This is why you need an attorney who is licensed 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 a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a 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 higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorney Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits 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 based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most painful memories through each application and re-application, the suit states.

The lawsuit is seeking monetary damages and wants the court require the VA to review systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National veterans disability attorney 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 and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing the decision, it is important that you do so immediately. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of empathy for your situation. This could be a great asset in your appeals.

A veteran's claim for disability is usually rejected because the agency did not accurately describe 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 qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. For instance an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may be able to assist you in getting the medical records you require to support your claim.

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