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작성자 Emile 댓글 0건 조회 13회 작성일 24-06-24 16:11

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday, 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 the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He wants the agency to reimburse him for benefits he has been deprived of and to amend its policies on 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 data by way of Freedom of Information Act requests which they filed 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 receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and seeks the court to order the VA to review its systemic PTSD discrimination. It is the latest effort 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 sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but then the discharge he received was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans disability lawsuit. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're considering appealing a decision, it is essential to do so as soon as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all requirements and it is heard in a fair manner.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer also knows the difficulties of dealing with the VA and can lead to a greater level of empathy for the situation. This can be an invaluable advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your medical condition. A medical expert is one example. They may be able to demonstrate that your pain is a result of your service-related injury, and is debilitating. They may also be able to assist you obtain the medical records needed to support your claim.

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