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작성자 Horacio Chavers 댓글 0건 조회 15회 작성일 24-06-25 22:00

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veterans disability lawsuits - just click the following webpage - - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money often use their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, 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, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back for benefits he was deprived of and to change its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based 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 as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult route.

He was denied benefits at a more frequent rate 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 disability law firms Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. 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 like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A qualified lawyer will be able to review the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be an invaluable advantage in the appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able to work with medical professionals to provide additional proof of your medical condition. For instance medical experts may be able to show that the pain you suffer is a result of your service-related injury and that it is causing impairment. They could be able to assist you in obtaining the medical records needed to support your claim.

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