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작성자 Clifton 댓글 0건 조회 20회 작성일 24-06-21 15:39

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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly 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. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits he was deprived of and to alter its policies regarding race as well as discharge status and denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted 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 against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups like 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 victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans disability law firm' funds from claims of creditors and family members other than alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied services at the rate of significantly more than white people. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit new and additional proof. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. For example medical experts might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They may also be able help you obtain the medical records required to support your claim.

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