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작성자 Edward 댓글 0건 조회 12회 작성일 24-06-17 04:51

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as 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 during the last three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA reimburse him for the benefits it has not provided him, and to modify 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 data 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. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims filed 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 was later involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability law firm disability benefits and their impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. According to the lawsuit filed on 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 asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A competent lawyer will review the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer also knows the challenges of dealing with the VA and could lead to a greater level of empathy for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. For instance medical experts could be able to prove that the pain you feel is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records you require to support your claim.

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